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Resolution 1997-63 . . 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 . . 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 ~~ Rhonda Pellin, City Clerk \KBA\357901.01 71-112004706002 -2- RESOLUTION NO. 97-63 " __1_"" - - s- ...... . - -...... P;" 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. . ... 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( toJ-.a'!I-1W7 18. ROE .. 818 B430 . ;~"I::. GB 84S BC!9 P.B3 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 II -. II II 1_1 I) -'11 [I [I !I [I ;J < t ~J II -' :1 1 1 , ] . . 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. !] :] i) . 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.) [) ',I i.1 ] -I t' ] :] 1 ] ] ] ] 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: I) i] ] !) Mitigation Number 6 il- L." -1 [i [I 1 [I :] II LJ J :1 ~ -.j ] ] 1 . 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 I II II II Mitigation Number 7 It HI '[I rt 8 tI 9 [I ] r..... l4 1I 10. [I [1 Lt il !~ 1 . 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 il :1 . . j '1 '. 1 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. .1 i--- 14!!I . I ,', .. ~ .l t ~~ 1 1 '- ..J 1 1 - - . . 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. ~- ."--'-"-"'--- - J:I iJ I -I Mitigation Number 29 "1" .,] J i.1 1 1 1 1 1 1 t :1 -J ] 1 . 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 ... I' . . 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 . . . II . . I party Responsible for Monitorim~ City Planning Department , ~ I - , I J I I , I I 4 . . 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)