Resolution 1997-63
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RESOLUTION NO. 97-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S 97-58 (PUD), AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) INVOLVING
APPROXIMATELY 7.97 ACRES, APN 783-50-071
WHEREAS, Kaufinan & Broad-Monterey Bay ("Applicant") submitted A/S 97-58
(PUD), an application for architectural and site approval of a planned unit development ("PUD")
for a 7.97 acre lot located on Briarberry Lane between Rancho Hills Drive and Calle del Rey; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), City
Council on November 21, 1994 certified a Negative Declaration with 30 mitigation measures for
this site under TM 94-04; and
WHEREAS, the Planning Commission reviewed application A/S 97-58 (PUD) at its
duly noticed meeting on November 6, 1997 and recommended that the Application be denied; and
WHEREAS, the City Council at its duly noticed meeting of November 17, 1997,
took oral and written testimony and reviewed Application 97-58 (PUD) and all documents relating
thereto, including the Staff Report dated October 30, 1997, and the letter from the Applicant dated
November 7, 1997 which presented new information and imposed design restrictions to address
issues of concern to the Planning Commission; and
WHEREAS, the City Council revised and added certain conditions to address
concerns expressed by the public and the Planning Commission;
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk;
\KBA \357901.01
71-112004706002
-1-
RESOLUTION NO. 97-63
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NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby 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 substantially
consistent with the intent ofthe text, goals and policies of the General Plan documents.
2. There is substantial evidence based on facts in the record that the project
complies with the findings required to grant PUD architectural and site approval pursuant to
subsections (a) through (i) of Section 50.55 ofthe Gilroy Zoning ordinance, and adopts said
findings as set forth in the Staff Report.
3. There is no substantial evidence that the project as mitigated may have a
significant effect on the environment.
B. NS 97-58 (PUD) should be and hereby is approved, subject to fourteen (14)
conditions and the Mitigation Monitoring Program, attached hereto as Exhibits A. and B
respectively, and incorporated herein by this reference.
PASSED AND ADOPTED this 1st day of December, 1997 by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, GIFFORD,
ROWLISON, SPRINGER, SUDOL, GILROY
MORALES,
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
tlO~~
K. A. Mike Gilroy, Mayor
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Rhonda Pellin, City Clerk
\KBA\357901.01
71-112004706002
-2-
RESOLUTION NO. 97-63
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The fttllo.ms CODd;~ of IpplOYBl wae app1i8d 10 tbe J:auftnan IIIld BrcNId AlchitcdUralad SitD Ilcvic:w
app1icatiDn AIS 97-58 by the City Council at their November 17. 199711188ting:
1. Mit:igcioD MCiISUI'CI t throush 30 l:Oalllined within the Negatiw Dec.lmdioD for TlIDDdive Map
app1icatiml TM 94-04 sbaI1 be lIpp1iec1 to the approval of the project in cm:lIlr 10 JQSucc: BDdIor
eliminate all potential aigai&aDt imp8CIS to a level of insignificance. u ~ unch:r the
Califomia Enviro~ Quality Act (CEQA). subject to the 1Uic:w 8Dd approval of the
P1amdng DimimL
2, The appliclDt sball 1and.sc8pe Ihc ftont yard of all lots. l.d~ing .ltlaDs iN:ludiog
specificaboDa for all ilrigation system Iha11 besubjc:ct to approval by tho Planning I)iviaiQD ill
accorclaDae wim the Ci')"s Consolidamd I .sqJ"'-lIping Policy. prior 10 the: iasu-=e .of a buildinc
'L
penm .
3. Exterior Lighting: No unobsaucted beBm of exterior lish=g shall be difeCtai outwBid fi:am the
lite tD'WIrd any n:sidcDtial use or public rilht~f-way. 5I1bj=~ to review aad approval by thc:
P1anftinl Division.
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4. BuildiDg co.1Ol'1Iba11 be eanh. tones. subject to review and IIppIOvU by the PIlDn;"'B Division-
5. AD. utiliT:ial CODSVUCtcd 10, through aDd oa1hc sim &hall be ccmst:rUCUld undc:rgrou,mt, 8I1bjld. to
n:vicw and approval by the EngineBl"iq Division.
6. All sm ofbuildinl pl8DS sba11 contJIin d:Le following wording:
"If' archeological re&OUrCc:8 or bUIDIID lU1lams IR discoyCftd duriDg eoastructioD. wmk abaJl be
b.eJted w;tbin SO met8t'I (ISO feet) of \he fiDel \JI1til it can be cva1uBa:f1 by a quslHf"UId pmfelaioDal
Gduwologist. Tfthe find is dermnined to be siJ::pificant. app~ mitiptiOIUDeamans .hall
be fmmulat.cc! ID6 implemented."
This sball be lNIbject to the nMCW and 8I'proval ofthc: P1IIDDing Division..
7. The ove:ra1J project aball ClOmpl)' with the provisions of Zoning Ordiuance Ss:t1on S.sO. .Sito
Design Requinm1et1ts, II pertainiAi to proposed indiviclual dweUins unit desipl, subjcd CO
review and IIppl'DYal by the Planning Division.
8. Street addrcstsel sba1l be: assigned. by die Eneincering Division.
"
9. AU pOPOSed feacing must meet the requirerne:nlll of1hc PlllllDing Division.
10. Side ymd RtbIu:ks mllY be reduced to five feet, but should remain at six. feet ~ fcuibl.r:,
8Dd 110 in1rusions into the side ycd. auch IS finllp'"'' or air GODditiOIlllr.l, will bo al.Jgwcd. All
dwdlin& \Inn. .hall maintain ten foot side yIIfti letbacks when adj-=mt to a SftCt on a QOITler'
Jot, lIUbject to fC'Vi1lW and approYal by chc: P1aD.aing Division.
11. LocetiOl1 Ofhydnntl mUlt be approved by me: Building. Li~ and Enviromnema1 Safisty Division
for this ptOjc:ct
EXHIBllii'J(
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12. SU1:lCt aeea ....11 be 1"CIC(Uked b the above praject per the Con8olidated T .-,.4_tpiDg Policy. A
Stnlet Tra: Permil must be obtaiIlcd, subject 10 ~ aDd IIpPZOV8l by 1hc CommUDily Sc:mc:.
Dep8nmc:nt.
13. Home c:cJJII!ltrUCIicm ibrthis project ..hall prac:ecd in progn:uive pbasc8 from Wesl to.. aIDng
Brimbc:ny lADe, mx::b. tb8t both sides ofthc IIICCt &n: completed to lID equal ex1:Imt (within o.ae
lot). At the completion of each pblse of caast:ruCtioa, ad priCll' 10 fiDII1 oc:cupancy. K:CCIIII to
1:bc c:ompleCBd bomas sball be sepwated fivm tho constructi.oIllll'Clll by JqIOwDDiDg the 8IlCurity
f'enema- nus IbIll be sabjec:t to review and approWl by Ihc P1111mtftl and EnciDcc:ring
Divisions. .
14. 11u: constnJ.Clion hours for the project .haIl be as follows:
Weekdays (Monday Ibmugh Friday): 7:00 LDl. 10 6:00 p.m.
Saa;ardaya III1Cl C;ty Hftlidays: 9:00 UD. to 6:00 p.m.
Sundays; No eoaltrudiOll ActivitJ AUoW8d
TOTFl. P. B3
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Attachment A
Exhibit B
MITIGATION MONITORING PROGRAM CHECKLIST
Hillcrest Phase IV Subdivision Initial Study
Prior to approval of the Final Subdivison Map and Improvement Plans, the
following mitigations shall be implemented:
Mitigation
Number
2.
Nature of Mitigation
The developer shall incorporate
the recommendations provided
in the design 'level soils investi-
gation conducted by Harza Con-
sulting Engineers and Scinetist
for the project site to ensure that
structural foundations and sub-
surface improvements are ap-
propriately designed to with-
stand the expansive nature of
the on-site soils and to ensure
that grading and excavation
plans are properly engineered.
Recommendations of the soils in-
vestigation shall be incorporated
into future improvement plans
for the project site subject to the
review and approval of the City
Building Department prior to
approval of the final subdivision
maD.
Party
Responsible for
Imnlementation
Developer
Party Responsible for
MonitorinS!'
City Building Department
II.
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Attachment B
.
MITIGATION MONITORING PROGRAM CHECKLIST
Hillcrest Phase IV Subdivision Initial Study
')
Prior to issuance of a Building Permit,' the following mitigations shall be imple-
mented:
.1
il
Mitigation Nature of Mitigation
Number
1 The project shall be designed in
accordance with earthquake de-
sign regulations of the Uniform
Building Code, subject to the re-
view and approval by the City
Building Deoartment.
4 Developers shall pay the appro-
priate storm drain development
fees, subject to review by the
City Department of Public Works
prior to issuance of a building
oermit.
5 The developer shall apply for and
obtain a General Permit for
Storm Water Discharges Associ-
ated with Construction Activity
by submitting a completed No-
tice of Intent (NOn form and
payment of $500 to the State
Water Resources Control Board
prior to the issuance of a build-
ing 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 follow-
ing:
a. The use of water quality con-
trols (i.e., Best Management
Practices) both during and after
construction, for example:
(Continued on next oalZe.)
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party
Responsible for
Imnlementation
Developer
Developer
Developer
Party Responsible for
Monitorinsr
City Building Department
City Planning Department
City Public Works
Department
City Planning Department
City Public Works
Department
Mitigation
Number
3
.
Nature of Mitigation
The design and construction of
all storm drainage improvements
serving the project site shall be
provided by the developer, sub~
ject to review and approval by
the City Department of Public
Works. These design plans shall
include, but not be limited to:
a. Applicable storm water source
and treatment-based best
management practices, ap-
plied and maintained, as rec-
ommended in the California
Storm Water Best Manage-
ment 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
Stonn Water Master Plan.
d. Paved areas that are de-
signed to minimize drainage
that is channeled to one loca-
tion. Pathway paving shall be
kept to a minimum and shall
be porous in nature, wherever
feasible.
.
party
Responsible for
Implementation
Party Responsible for
Monitorine:
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Mitigation
Number
6
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Nature of Mitigation
The developer shall prepare a
landscaping plan that incorpo-
rates the recommendations pro-
vided in the arborist's report to
protect and preserve the existing
trees during and after construc-
tion of the proposed project. The
landscaping plan shall include:
Removal
· All transplants and/or plant-
ing of existing trees on the
project site shall be conducted
by an experienced specialist in
moving trees of similar char-
acteristics within similar eco-
tones;
· The oaks should be removed
from the soil m the fall,
(October or November), be-
cause during this time of the
year oaks are deciduous and
dormant, increasing the prob-
ability of a successful trans-
plant;
· The roots must be hand dug to
ensure that great care be
taken and no roots are sev-
ered. This speCIes of oak
sends down large tap roots
which must be carefully re-
moved from the soil;
· The root ball must be boxed or
ball and burl aped;
· The surrounding soil should
be watered extensively prior
to the removal of each oak
tree so that the roots are loos-
ened for easier removal;
· An anti-transpirant or anti-
dessicant should be applied at
a rate of 2: 1 instead of the
usual 10:1 ratio in order to
prevent moisture loss during
moving; and
· A crane should be used to lift
the oak trees onto a flat bed
truck.
(Continued on next pae:e).
Party
Responsible for
Imnlementation
Developer
.
Party Responsible for
Monitoring
CityParks and Recreation
Department
City PI~g Department
Mitigation
Number
5
(Continued)
.
Nature of Mitigation
(Continued from previous page.)
. Designing each project area to
focus on minimizing directly
connected impervious sur-
faces, to p'rovide for slowing of
storm water flows and in-
creasing 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;
. Stabilizing and preventing
erosion from temporary con-
veyance channels and outlets;
. 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 appli-
cation- of fertilizers, herbi-
cides, and pesticides); and
. Installing structural storm
water treatment controls such
as wet ponds, swales, vege-
tated filter strips, extended
detention basins, and sand fil-
ters.
b. Performance of routine visual
monitoring of these controls; and
c. Submittal of an annual report,
documenting all surface water
drainage information to the
State Water Resources Control
Board.
.
Party
Responsible for
Imnlementation
Developer
Party Responsible for
Monitorin~
City Building D.epartment
and Planning Department
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II
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Mitigation
Number
7
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Nature of Mitigation
Tree removal and grading activ-
ities shall begin during the non-
breeding season (August 1
through March 15) for the log-
gerhead shrike. Scheduling'con-
struction activities in this'man-
ner is intended to discourage use
of the project site for nesting and
is less likely to result in inciden-
tal mortalities. This scheduling
criterion shall ,be included on the
final improvement plans prior to
issuance of a building oermit.
The developer shall pay the ap-
propriate Traffic Impact Fee,
subject to the approval of the
City Engineer prior to the is-
suance of a building oe,rmit.
Signalize the Santa Teresa
BoulevardlLongmeadow Drive
intersection. This is eligible for
Traffic Impact Fee
reimbursement. This must be
installed as a part of the third
phase of the project (Lots 86
through 112), and is subject to
the approval by the City
Department of Public Works
prIor to the issuance of a
building permit.
Widen Santa Teresa Boulevard
to a four-lane expressway from
north of Mantelli Drive to north
of the Longmeadow Drive. This
must be installed as a part of the
third phase of the project (lots 86
through 112), and is subject to
the approval by the City
Department of Public Works
prior to the issuance of a
building permit.
party
Responsible for
Imnlementation
Developer
Developer
Developer
Developer
.
Party Responsible for
MonitoriDIl
, City Public Works
Department
City Public Works
Department
City Public Works
Department
City Public Works
Department
Mitigation
Number
6
(Continued)
.
Nature of Mitigation
(Continued form previous page.)
Transplant/Planting
· Spacing of the trees should be
planned by the architect
drafting the plans for the park
site. A minimum of 20 to 25
feet should be allowed be-
tween trees when planted at
the park;
· The trees should be set 2-3
inches above the surface of
the ground at the planting
site;
· No air pockets may be left as
the soil is being replaced, only
native soil should be used no
planting mix or fertilizers;
· An area the size of the drip
line should be established be-
neath the tree where a two-
inch layer' of mulch can be
placed to prevent compaction
of roots;
· No stakes should be required
as Quercus Zabata have a
large root ball with long tap
roots.
The developer shall also be re-
quired to obtain the signature of
the consulting ~rborist on the fi-
nallandscaping plans certifying
that the plan is consistent with
the recommendations made in
the arborist's report. Finally, the
development of the project site
shall conform to the City of
Gilroy's Consolidated Landscap-
ing Policy, subject to the review
and approval of the City Plan-
ning Department prior to the is-
suance of a building permit.
.
party
Responsible for
Implementation
Developer'
party Responsible for
Monitorin2
CityParks and Recreation
Department
City Planning Department
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Party ,
Mitigation NatUre of Mitigation Responsible for Party Responsible for
Number Imlllementation - MOllitorinl!'
16 Noise-generating construction Developer City Building Department
activities shall be restricted to
7:00 am through 10:00 pm. Con-
struction ,equipment shall be
properly.muflled and main-
tained. The contractor work
specifications for all construction
activities shall reflect these mea-
sures, subject to review and ap-
proval of the City Building de-
partment prior to issuance of a
building permit.
17 The developer shall submit a de- Developer City Planning Department
tailed plan for all exterior lights
as a part of the building permit
review process. The lighting
plan shall incorporate design el-
ements that will minimize the
potential for light and glare im-
pacts on adjacent residential
properties. The lighting plan
shall be subject to the review and
approval by the City Planning
Department.
18 The developer shall provide re- Developer Gilroy Unified School
quired impact fees to the Gilroy District
Unified School District.
19 Prior to development of the site, Developer City Planning Department
the developer shall pay required
City of Gilroy Public Safety im-
pact fees. -
20 Development shall meet all wa- Developer City Fire Department
ter supply and water pressure
standards as contained in the
Uniform Building Code. These
plans shall be reviewed and ap':
proved by the City Fire Depart-
ment prior to the issuance of a
building permit.
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Party
Mitigation Nature of Mitigation Responsible for Party Responsible for
Number Imnlementation MonitorinJl
11 Install a westbound Developer City Public Works
Longemeadow Drive left-turn Department
lane at Calle del Rey. This must . .
be installed as a part of the third
phase of the project (lots -
86 through 112), and is subject to
the approval by the City
Department of Public Works
prior to the issuance of a
buildin2' permit.
12 Install a four-way stop control at Developer City Public Works
the Mantel~i Drive/Calle del Rey Department
intersection when Calle del rey is
extended to Mantelli Drive. This
is subject to the approval by the .
City Department of Public Works
prior to the issuance of a
buildin2' pennit.
13 The developer should coordinate Developer City Public Works
with the Gilroy Unified School Department
District to develop a "Suggested
Route to School" plan for the
Luigi Aprea Fundamental
School, subject to the approval
by the City Department of Public
Works prior to the issuance of a
building pennit. Appropriate
signing and pavement markings
should be incorporated into the
subdivision design.
14 The design of all street im- Developer City Public Works
provements serving the project Department
site shall be provided by the de-
veloper, subject to the review
and approval by the City De-
partment of Public Works and
the Gilroy Unified School Dis-
trict.
15 The developers shall be respon- Developer City Building Department
sible for submitting a dust con-
trol policy subject to review and
approval by the City Building
Department, consistent with ex-
isting City of Gilroy policies and
codes, prior to issuance of a
buildin2' pennit.
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Mitigation
Number
29
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Nature of Mitigation
During construction of residen-
tiallots 60-73, a qualified pro-
fessional archaeological monitor
shall be present whenever earth-
moving activities take place dur-
ing construction on these lots.
The qualified professional ar-
chaeological monitor shall pre-
pare written reports to the City
of Gilroy Planni~g Department
on a weekly basis.
If archaeological resources are
uncovered during earth moving
activities, all work shall be
halted. At that time, and prior
to any further construction activ-
ities within the archaeologically
sensitive area, archaeological
testing will be necessary to de-
termine the nature, extent, and
significance of the site. Testing
shall include detailed surface col-
lection and recording, mechani-
cal (back hoe) trenches to deter-
mine the depth and subsurface
extent of the site, and hand ex-
cavated units to determine the
nature and composition of the
site.
The qualified professional ar-
chaeological monitor shall be
hired by the City of Gilroy Plan-
ning Department, and funded by
the developer, prior to issuance
of a building permit.
party
Responsible for
Imnlementation
Developer
.
Party Responsible for
Monitorinl!'
City Planning Department
...
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Party
Mitigation Nature of Mitigation 'Responsible for Party Responsible for
Number . Imolementation Monitorinsr
21 The development of the site shall Developer - City Public Works
conform to the Uniform Fire Department
Code, subject to the review and City Fire Department
approval by the City Fire De-
Dartment.
22 Development plans shall include Developer City Public Works
the installation of on-site fire Department
hydrants. Improvement plans City Fire Department
shall be subject to the review and City Building Department.
approval by the City Depart-
ments of Publ~c Works, Fire, and
Building.
23 The developer shall pay the ap- Developer City Public Works
propriate water development Department
fees, subject to review by the
City Department of Public Works
prior to the issuance of a build-
ing Dermit.
24 The developer shall provide the Developer City Public Works
design of all water line im- Department
provements serving the project
site, subject to the review by and
approval of the City Engineer
prior to the issuance of a build-
ing Dermit.
25 Developers shall pay the appro- Developer City Public Works
priate sewer development fees, Department
subject to review by the City De-
partment of Public Works prior
to the issuance of a building
Dermit. -
26 Prior to development of the site, Developer City Public Works
the developer must obtain suffi- Department
cient sewer allocation to serve
the proposed project and will be
required to pay the City of Gilroy
sanitarv sewer connection fees.
27 The design of all sewer line im- Developer City Public Works
provements serving the project Department
site shall be provided by the de-
veloper, subject to the review
and approval by the City De-
Dartment of Public Works.
28 Prior to the development of the Developer City Parks and Recreation
proposed project site, the devel- Department
oper shall pay required City of City Planning Department
Gilroy Parks and Recreation im-
Dact fees.
.
Mitigation
Number
30
.
Nature of Mitigation
Due to the possibility that signif-
icant buried cultural resources
might be found during construc-
tion, language shall be printed
on construction drawings for all .
phases to protect these re-
sources, pursuant to review and
approval of the City Planning
Department.
Such language might read as fol-
lows:
"If archaeological resources or
human remains are discovered
during construction, work shall
be halted within 50 meters
(150 feet) of the find until it can
be evaluated by a qualified pro-
fessional archaeologist. If the
find is determined to be signifi-
cant, appropriate mitigation
measures shall be formulated
and implemented."
party
Responsible for
Implementation
Developer
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party Responsible for
Monitorim~
City Planning Department
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 97-63 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 1st day of December, 1997, 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 15th day of December, 1997.
~~.
City Clerk of the City of Gilroy
(Seal)