Resolution 1998-35
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RESOLUTION NO. 98-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVINGTM98-01,A TENTATIVE MAP WITH 19
RESIDENTIAL LOTS ON APPROXIMATELY 3.99 ACRES
LOCATED ON PARTRIDGE DRIVE, WEST OF LOGANBERRY
DRIVE, APN 783-51-04
WHEREAS, the Glen Lorna Corporation ("Applicant") submitted TM 98-01,
requesting Tentative Map approval in order to subdivide a 3.99-acre parcel into 19 single-family,
residential lots; and
WHEREAS, the property affected by TM 98-01 is located on Partridge Drive, west of
Loganberry Drive; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") a
Mitigated Negative Declaration based on an expanded Initial Study was prepared which included this
project for Tentative Map application TM 94-04, which identified potentially significant but mitigable
effects on the environment; and
WHEREAS, in accordance with CEQA, the Negative Declaration with thirty (30)
mitigation measures and a mitigation/monitoring program was duly adopted by the City in 1994; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 4,
1998, at which it considered this project and voted to recommend approval of TM 98-01 to the City
Council, subject to seventeen (17) conditions as set forth in the Staff Report for the project dated May
26, 1998; and
WHEREAS, the City Council held a duly noticed public hearing on June 15, 1998, at
which time the City Council considered the public testimony, the Staff Report dated May 26, 1998, and
all other documentation on the project; and
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.
\MSD\415541.01
81-062604706002
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Resolution No. 98-35
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NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds as follows:
1. The project is consistent with the General Plan because it conforms to the land use
designation for the property on the General Plan Map, is consistent with the intent
of the text of the General Plan document, and conforms with the policies of
Gilroy's General Plan, all as set forth in the Staff Report.
2. The project is consistent with the Zoning Ordinance and the City's Subdivision and
Land Development Code.
3. The proposed subdivision is consistent with the prior Planned Unit Development
(PUD) approval.
4. There are no facts to support findings requiring denial of the proposed tentative
map pursuant to California Government Code section 66474.
5. There is no substantial evidence that the project as mitigated may have a significant
effect on the environment.
B. TM 98-01 should be and hereby is approved, subject to the seventeen (17) conditions
identified in the Staff Report dated May 26, 1998, attached hereto as Exhibit A, and to
Mitigation Measures 1 through 30 of the Negative Declaration attached hereto as Exhibit B,
and to the mitigation/monitoring program attached hereto as Exhibit C, all above-described
exhibits incorporated herein by this reference.
PASSED AND ADOPTED this 6th day of July, 1998 by the following vote:
AYES:
COUNCILMEMBERS: MORALES, ROWLISON, SPRINGER, SUDOL,
GILROY
COUNCILMEMBERS: ARELLANO
NOES:
ABSENT: COUNCILMEMBERS: GIFFORD
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K. A. Mike Gilroy, Mayor I
Arr:s.\<!~L~.. .
Rhonda Pellin, City Clerk
\MSD\415541.01 - 2-
81-062604706002
Resolution No. 98-35
\....IV ~~ll~~ u.~~~ ".J . LJ V V \..I J. V .P ~~~ \..I ~~" .JJ \..I P a.1. ".l.~~ '-'1..1 L
'Planning D~sion .. ·
Staff Report
May 27, 1998
File NUmber: TM 98-01
Applicant: The Glen Lorna Corpor~tion
Location: . Partri~ge Drive, we~t of Loganbeny Drive
Staff Planner: Melissa Durkin
REQUESTED ACTION:
Approval of a Tentative Map for a subdivision of 19 residential lots.
DESCRIPTION OF PROPRRTY:
Parcel Number:
Parcel Size:
Flood Zone:
783-51-04
3.99 acres.
liB", Panel # 0603400001C
Panel Date: 10/06/81
STATUS OF PROPRRTY:
I;:xisting l' and 1 Jse
Vacant Land
Gener~l Plan DesignatioQ
Low Density Residential
Zoning
RI-PUD
ST A TUS OF. SURROUNDING PROPERTY:
Existing T and 1 Jse
N: Single Family Homes
S: Single Family Homes
E: Single Family Homes
W: Single Family Homes
General Plan Designation
Low Density Residential
Low Density Residential
Low Density Residential
Low Density Residential
~g
RI-PUD
RI-PUD
RI-PUD
R-I
Exhibit "A"
TM 98-01
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5/27/98
CONEORMANCE..DE.REQ_UESLWITlLGElSERAL PLAN:
The proposed project confonns to the land use designation for the property on the General Plan map,
is consistent with the intent of the text of the General Plan document, and confonns with the policies
of Gilroy's General Plan. The following examples demonstrate this compliance:
UrbanDeyelopmentand_Community_Design (Section II):
Policy 3: "Urban Developmentwill only occur within the incorporate~portion of the Planning A,:ea.
Land will therefore be annexed to the City before final development approval is given. "
The proposed project is in confonnance with this policy, because this land has been within City
limits for many years.
Policy 4: "The City will phase development in an orderly, contiguous manner in order to maintain
a compact development pattern to avoid prematlJre investment for the extension of public facilities
'and services. New urban development will occur in areas where mU1licipal services are available
and capacity exists prior to the approval of development in areas which would require major new
facility expansion. "
The proposed project is in confonnance with this policy, because this property is surrounded by
developed residential property, and municipal services are currently available at this site.
EISYIRONMEl'fiALJM..eACIS:
NEGATIVE DECLARATION
An expanded ini'tial study was prepared for this project under Tentative Map application TM 94-04.
A Negative Declaration with 30 mitigation measures was adopted for this project.
RUO.BACKGROllliD: .
This project received Residential Development Ordinance (RDO) approval in the 1996 RDO
competition (RD 96-7). A 129 unit building allotment was awarded, with approval to construct 29
units in 1998,37 units in 1999,36 units in 2000, and 27 units in 2001. This buildout schedule was
subsequently amended by the City Council to allow a buildout of 73 units in 1998 and 56 units in
1999. This Tentative Map will create the last remaining 19 units in this RDO buildout.
mEVIOUS--.A.ePROV ALS:
AlS 97-49 - This Planned Unit Development (PUD) Architectural and Site Review was approved
in October of 1997. This PUD approval specifically included the property involved in TM 98-01.
The approval of the PUD included allowing side yard setbacks to be reduced to 5 feet, in exchange
for landscaping the front yards of the homes included within this approval.
TM 98-01
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5/27/98
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AN A' .YSIs..nF.AEQUESI:
This proposed Tentative Map will subdivide a 4 :l:: aCre site into 19 lots. The applicant is proposing
to subdivide this property into lots that range in size from approximately 6,055 square feet to 9,915
square feet. Therefore, all of the lots in this subdivision are proposed to exceed the City's standard
of 6,000 square feet. .
PotentiatTrJlceJault
This property is part of a larger Planned Unit Development (PUD). Ail of the property within this
PUD has been subdivided, with the exception of the parcel which is the subject of this application.
The subdivision of this land has been delayed in order to conduct studies to determine whether there
is a trace fault traversing this site. A fault was believed to exist on this site because aerial surveys
that were taken in 1980 were thought to show a potential fault line. To determine whether this fault
exists, a fault exploration was performed. This exploration involved digging a trench 125 feet wide,
which is 85 feet wider than the 50' zone where the trench was thought to be located. The result of
this exploration was that no fault has been found to exist on this site [see Exhibit A, summary letter
from Engeo incorporated]. Therefore, there are no restrictions that need to be placed on this
subdivision with regard to any earthquake faults.
Home Design
Development of this site will result in the construction of single family detached homes. The
designs for the proposed homes were approved through PUD Architectural and S~te Review
application AlS 97-49, and include two 2-story models, and one I-story model. [Note: See page 2
of the Tentative .Map layout included with this packet. This layout shows which model will be
located on each lot. Plan 1 is the single story model, and plans 2 and 3 are the two-story models.]
Several of the residents in the existing neighborhoods that back up to the project site have expressed
. concern about having two-story homes behind their existing houses. The primary concern of these
residents is that. people in two-story homes can look into their rear yards. A secondary concern
expressed by a few neighbors is that the two story homes will block their current views: Although
the applicant has worked to try to maximize the number of single 'Story homes in this subdivision,
there are only four one story plans proposed. Due to the physical constraints of the property, there
are only two options the applicant could use to provide more single story homes in this subdivision:
1) Widen some of the lots to allow more single story homes to be placed in this development; or 2)
Design a single story model that fIts within the setbacks for the proposed lots. The applicant is not
in. favor of either of these options for the following reasons:
. Option I would cause some lots to be lost, which would negatively effect the cost of this
project.
. . Option 2 would create a time delay in being able to build these homes, which would
negatively effect the cost of this project.
TM 98-01
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5/27/98
The developer has alternatively taken three measures to address the issue of construCting two-story
homes in this cul-de-sac. These measures are as Jollows: .
q> The developer has proposed to place an elevated, five foot wide landscaping planter box adjacent
to the rear property boundaries on the homes along the south side of the new cul-de-sac. The
developer is proposing to place mature trees in this box., and to. irrigate the trees to ensure that
they will be maintained. .
q> The developer has provided deeper than usual lots on the southerly side of the proposed cul-de-
sac, in order to increase the distance between the homes on these lots and the homes on the
existing lots south of this site. (Normal cul-de-sac lot depths are about 100 to 110 feet, whereas
the depth of the lots on the southerly side of this cul-de-sac range from 117 to 133 feet.)
q> The developer has provided larger than required rear yard setbacks on all of the proposed homes
that will abut existing lots, in order to minimize the impact of the proposed homes on the
existing residents. (The setbacks of the proposed homes which abut homes in the Carriage Hills
tract range from 16.5 to 58.8 feet, and average about 40 feet. The minimum setback required by
Zoning Ordinance section 11.30 is 15 feet.)
E.enc.e.Line
The homes along the western and southern boundary of this property will abut existing homes in the
Carriage Hills tract. The Carriage Hills homes are at a much higher elevation than the Ventana
homes will be, therefore there is a retaining wall in the rear yards of the Carriage Hills homes to
retain the soil in these yards. The rear yard fences for these homes are built on top of the retaining
wall. The retaining wall has a footing which extends up to 18 inches beyond the end of the wall, but
which is still on the Carriage Hills tract property. The result is that the Carriage Hills homes have
up to 18 inches of property which extends beyond their fence lines. Therefore, when the Ventana
tract builds out, there willbe an 18. inch space between the rear yard property boundary of the
Ventana homes and the fence line for the Carriage Hills homes. This creates an undesirable situation
because small children or animals could get trapped in this space, and it presents a maintenance
problem, since the Carriage Hills home owners ~ould have a difficult time accessing this area to
maintain it.
Staff encountered this same issue while processing the Tentative Map for the previous phase of this
subdivision (see TM 97-03). The homes that were developed in that phase were required to place
a fence on the rear yard property line of the homes which abutted the Carriage Hills tract, and were
required to construct the fence of material that could be seen through (such as an open wood design,
wire meshl or wrought iron). Staff recommends that this same condition be applied to the approval
of this Tentative Map. .
Access to this development will be provided by Loganb.erry Drive, which is a local street. The
proposed tract map is consistent with the surrounding street configuration, and has been designed
to provide the most efficient traffic circulation. In addition, the map is consistent with minimum
City development standards.
TM 98-01
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5/27/98
As submitted, this project is consistent with the intent of the city's General Plan text and Land Use
Map, Zoning Ordinance, Subdivision and Land Development code, and prior RDO buildout approval
granted by the City Council.
ST AFF RECOMMENDATION
Staff recommends...AlPRDY A L of this_requestfOLtheJ.ollowing-Ieasons:
A. The project proposal is substantially consistent with the approval granted to' the developer by
the City Council under the Residential Development Ordinance;
B. The proposed Tentative Map is consistent with the intent of the goals and policies of the City's
General Plan document;
C. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision
and Land Development Code;
D. Public utilities arid infrastructure improvements needed in order to serve the proposed project
are in close proximity;
E. There will be no significant environmental impacts as a result of this project due to the required
mitigation measures to be applied;
F. The proposed project is consistent with surrounding development; and
G. The proposed Tentative Map is consistent with the prior PUD approval.
In addition,Jf this.pmjectis. approved,.Staffrecommends theJollowing conditions_be_placed.on the
approvaLof thisr~.quest:
1. Mitigation Measures I through 30 containe~ within the Negative Declaration for Tentative
Map application TM 94-04 shall be applied to the approval of the 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), subject to the review and approval of the
Planning Division.
2. The conditions of approval contained within A/S 97-49 (PUD) shall be applied to the
development of all lots within this subdivision.
3. The developer shall construct a fence on the rear yard property line of the Ventana homes
which abut the Carriage Hills tract, and that fence shall be constructed of material that can be
seen through (such as an open wood design, wire mesh or wrought iron), subject to the review
and approval of the Planning Division.
TM 98-01
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5/27/98
4. Hydrant locations and water main sizing shall be subject to approval by the Building, Life and
Environmental Safety Division, prior to the issuance of any building permits.
5. Street improvements and the design of all storm drainage, sewer and water lines, and all street
sections and widths shall be subject to tbe review and approval of the Engineering
Division.
.6. All utilities to, through, and on the site shall be constructed underground, in accordance with
Municipal Code Section 21.120, subject to the review and approval of the Engineering
Division.
7. The developer shall provide joint trench composite plans for the underground electrical, gas,
telephone, cable television, and communication conduits and cables including the size, location
and details of all trenches, locations of building utility service stubs and meters and placements
or arrangements of junction structures as a part of the Improvement Plan submittals for the
project. The composite drawings and/or utility improvement plans shall be signed by a
licensed civil engineer. This shall be subject to the approval of the Engineering Division.
8. All improvements are to be done per City of Gilroy Standards, subject to the approval of the
City Engineer.
9. All retaining walls must ~e constructed of permanent materials such as concrete or masonry,
and shall be of a modular design; wood shall not be permitted. This shall be subject to review
and approval be the Engineering Division.
10. All grading operations and soil compaction activities shall be per the approved soils report and
shall meet with the approval of the City Engineer. Grading plans shall show grades of all
adjacent properties, and shall be subject to the approval of the Engineering Division.
11. All lots shall drain to the street for storm drainage, and will be surveyed and certified by the
developer's engineer. and inspected by staff to assure that there is positive drainage, and that
the drainage from the existing tracts will be accommodated, subject to the review and approval
. of the Engineering Division:
12. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities,
subject to review and approval by the Engineering Division and the utility companies.
13. 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.
TM 98-0 I
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5/27/98
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J 4. The developer shall include language in the sales agreements for fUture homes at this site that
discloses that Rancho Hills Drive. Calle del Rey, Longmeadow Drive and Rancho Hills Drive
have been designated as potential transit corridors where future bus lines may operate, and
on which bus stops will be established. This language shall be subject to the review and
approval of the Planning Division.
15. Unless this project is exempt from the. application of th~ <:;:ity's Residential Development
Ordinance (RDO) (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 (i) is not
in compliance with the RDO, any conditions of approval issued in connection with such
development, or other City requirements applicable to such development; or (ii) is in default
under any agreement entered into with the City in connection with such development pursuant
to the RDO.
16. All construction activities shall be limited to weekdays between 7 a.m. and 7 p.m., to
Saturdays and City holidays between 9 a.m. and 7 p.m. No construction is allowed on
Sundays.
17. The developer shall place a statement in every sales agreement for homes in this subdivision
that states the following:
"The Gilroy Unified School District currently has a policy in place that utilizes "Magnet
Schools" throughout Gilroy. There is no guarantee that children will be able to attend schools
in the immediate vicinity of their home."
In addition, if the Planning Commission and City Council fmd that the placement of two~story
homes within this_subdivision is not acceptable, then Staff recommends that the following
condition of approyaLbe added to this project: .
18. The developer shall be required to provide a single story home that will fit within the setbacks
ofthe proposed lots. Single story homes shall be constructed on the lots 71 through 77. The
qesign and placement of these homes shall be subject to the review and approval of the Planning
Division.
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William Faus
Planning Division Manager
)'-4-98 At their meeting of June 4, 1998, the Planning Commission recommended approval
of TM 98-01, subject to 17 conditions as set forth in the staff report. 6~O-1
(Voice Resolution 98-18).' The Planning Commission did ~ recommend Condition #18.
(Commissioner Gartman absent).
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Pl~g pepartment
NEGATIVE.
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DECLARATION
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. City of Gilroy
7351 Rosaima S.t.
Gilroy, CA 95~20
(408) 848-0440
City File Number: TM 94-04
Proiect DescriDtion:
Name of Project:
Nature of Project:
Hillcrest Phase IV Tentative Map
Request to subdivide five parcels totalling 69.8 acres into 252 lots, and
perform design review of the homes resulting from this subdivision.
Proiect Location:
Location: West of Calle Del Rey, east of Rancho Hills Drive, south of Long meadow
Drive.
Assessor's Parcel Nwnbers: 783-21-14,29,35,36 and 783-41-60
Entitv or Person(s) Undertakim~ Proiect:
Name:
Address:
Kaufinan and Broad South Bay
. 1604 No~h Main Street, Salinas, CA 93906
Initial Study:
An Initial study of this project was undertaken and prepared for the purpose of ascertaining
whether this project might have a significant effect on the environment. A copy of this study ~ .on
file at the City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020.
Findin2S & Reasons:
The Initial Study identified potentially significant effects on the environment. However, this
project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to
a point where' no significant effects will occur. There is no substantial evidence the'project may
have a significant effect on the en~ironment. The following reasons will support these findings:
1. The proposal is a logical component of the existing land use of this area.
Exhibit "B"
~reliminary Negative DeclWOnfIM 94-04
Page 7
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9/19/94
.2. Identified adverse impacts are proposed to be mitigated through preparatio.n of special
studies, and construction of off-site improvements.
3. The proposed project is consistent with the adopted go~s and policies of the General Plan
of the City of Gilroy.
4. The Initial Study was independently reviewed by City staff, and this Negative Declaration
reflects the independent judgement of the City of Gilroy.
. Mitii!ation Measures:
1. The project shall be designed in accordance with earthquake design regulations of the
Uniform Building Code, subject to the review and approval of the City Building
Department.
2. The developer shall incorporate the recommendations provided in the detailed design level
geotechnical investigation prepared by Harza Consulting Engineers and Scientist for the
project site, to ensure that structural foundations and subsurface improvements are
appropriately designed to withstand the expansive nature of the on-site soils ~nd to ensure
that grading and excavation plans are properly engineered. Recommendations of the
geotechnical investigation 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 map.
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 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, applied
and maintained, as recommended in the California Storm Water Best Management
Practice Hai1dbook.
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 that are 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.
4. Developers shall pay the appropriate storm drain development fees, subject to review by the
City. Department' of Public Works, prior to building permit issuance.
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Preliminary Negative Dec1arationffM 94-04
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9/19/94
5. The developer shall apply for and obtain a General Permitfor Stonn Water DisciJarges
Associated with Construction Activity by submitting a completed Notice of Intent (NO I)
form and payment of$500 to the State Water Resources Control Board prior to the
issuance of a building permit. Further, the developer shall be required to comply with the
terms of this permit during and afler con~truction of t4e project. These terms include, but
are not limited to, the following: . . .
a. The use of water quality controls (i.e., Best ManagementPractices) both during ~d
after construction, for example:
*
Designing each project area to focus on minimizing directly connected impervious
surfaces, to provide for slowing of storm water flows and increasing recharge
potential; .
*
Stabili~ng 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 conveyance channels and
outlets;
*
Using proper construction material and construction waste storage, handling, and
disposal practices; .
*
Protecting outdoor storage materials from drainage with benns and roof covers;
*
Using appropriate lan~scape controls (irrigation and application of fertilizers,
herbicides and pesticides); and
*
Installing structural storm water tre;ltment controls such as wet ponds, swales,
vegetated filter strips, extended detention basins and sand filters.
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.
<J
,Preliminary Negative DeCWOnffM 94-04
Page 4
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9/19/94 .
6. All six oak trees on this site shall be preserved by a) transplanting them to the adjacent City
park site, b) transplanting them to ,another park site, c) transplanting them to other
residential lots within this'development, or d) transplanting them to the Park Commons
property. The developer shall prepare a landscaping plan that incorporates,the
recommendations provided in the arbdrist's report (attached as Appendix B) to protect and
preserve the existing trees during and after construction of the proposed project. The
landscaping plan should include all of the following recoIlUl)endations: '
Removal
"
*
All transplants and/or planting of existing trees on the project ,site shall be
, conducted by an experienced specialist in moving trees of similar characteristics
within similar ecotones;
*
The oaks should be removed from the soil in the fall, sometime in October or
November, because during this time of year, Oaks are deciduous and dormant,
which increases the probability of a successful transplant;
*
The roots must be hand dug to ensure great care be taken arid no roots are
severed. Typically, this species of Oak sends down large tap roots which must be
carefully removed from the soil;
*
The root ball must be boxed or ball and burlaped;
*
The surrounding soil should be watered extensively prior to the removal of each
oak tree so that the roots are loosened for easit': ',~mo'.:.ll;
*
Ananti-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 tn,tck.
TransplantIPlanting
*
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 he allowed between the trees when
planted at the park;
*
'The trees should be set 2-3 inches above the surface of the ground at the 'planting
site;
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Preliminary Negative DeclarationffM 94-04
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Page 5
9/19/94
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· 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 beneath the tree where a
two-inch layer of mulch can b~ place~ to prevent compaction of roots; ,
· No stakes should be required as Quercus /obata have a large root ball With long'
tap roots.
The developer shall also be required to obtain the signature of the consulting arborist on the
final landscaping plans certifying that the plan is consistent with the recommendations made
in the arborist's report. Finally, the development of the project site shall confonn to the City
of Gilroy's Consolidated Landscaping Policy, subject to the review and approval of the City
Planning Department, prior to the iss~ance of a ~uilding Permit.
7. Tree removal and grading activities shall begih during the non-breeding season (August 1
through March 15) for the loggerhead shrike. .Scheduling construction activities in this
manner is intended to discourage use of the project site for nesting, and is less likely to
result in incidental mortalities. This scheduling criterion shall be included on the final
improvement plans prior to issuance of a building pennit.
8. The developer shall pay the appropriate Traffic Impact Fee, subject to the approval of the
City Engineer, prior to the issuance of a building pennit. .
9. Signalize the S<lnta Teresa Boulevard/Longmeadow Drive intersection. This is eligible for
Traffic Impact '~e rei: ,hurser~"nt. This must be installed as part of the third phase of the
project (Lots 86-112), and is ,subject to the approval by the City Department of Public
Works, prior to the issuance of a building pennit.
10.' Widen Santa Teresa Boulevard to'a four-lane expressway from north ofMantelli Drive to
. north of Long meadow Drive. This must be in'stalled as part of the third phase of the project
(lots 86 through 112), and is subject t6 the approval of the City Department of Public
Works, prior to the issuance of a building pennit.
11. Install a westbound Longmeadow Drive left-turn lane at Calle del Rey. This must be
installed as part of the third phase of the project (lots 86 through 112), and is subject to the
approval of the City Department of Public Works, prior to issuance of a building permit.
11. Install a four-way stop control at the Mantelli Drive/Calle del Rey intersection when Calle
del Rey is extended to Mantelli drive. This js subject to the approval of the City Department
of PubliC Works, prior to issuance of a building pennit.'
Preliminary Negative Dec1arationfI'M 94-04
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Page 6
9/19/94
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13. The developer should coordinate with the Gilroy Unified School District to develop a
"Suggested Route to School" plan for the Luigi Aprea Fundamental School, subject to the
approval of the City Department of Public Works, prior to issuance ofa building pennit.
Appropriate signing and pavement markings should be incorporat~d into the subdivision
design.
1 ( The design of all street improvements serving the project site shall be provided by the
developer, subject to the approval of the City Department of Public Works and the Gilroy
Unified School District. .
15. The developer shall be responsible. for submitting a dust control policy subject to the review
and approval of the. city Building Department, consistent with the existing City of Gilroy
policies and codes, prior to the issuance of a building permit.
16, Noise-generating construction activities shall be restricted to 7:00 a.m. through 10:00 p.m.
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 Department, prior to the issuance of a building permit. .
17. The developer shall submit a detailed plan for all exterior lighting as a part of the building
permit review process. The lighting plan shall incorporate design elements thar will
minimize the potential for light and glare impacts on adjacent residential properties. The
lighting plan shall be subject to the review and approval of the city Planning Department.
18, The developer shall provide required impact fees to the Gilroy Unified School District.
19. Prior to development of the site, the developer shall pay required City of Gilroy Public
Safety impact fees.
20. Development shall meet all water supply and water pressure standards as contained in the
Uniform Building Code. This plans shall be reviewed and approved by the city Fire
Dep~ment, prior to the issuance of a building permit.
21. The development of the site shall conform to theUnifonn Fire Code, subject to the review
and approval of the City Fire Department.
22. Development plans shall include the installation of on-site fire hydrants. Improvement plans
shall be subject to the review and approval of the City Departments of Public Works, Fire
and Building.
23. The developer shall pay the appropriate water development fees, subject to review by the
city Department of Public W ~rks, prior to the issuance of a building permit.
Preliminary Negative aanl90nITM 94-04
Page 7
...
9/19/94
24. The developer shall provide the design of all water line improvements serving the project
site, subject to the review and approval. of the City Engineer, prior to the issuance of a
building pennil. .
25. Developers shall pay the appropriate sewer development fees, 'subject to review by the City
Department of Public Works, prior to the issuance of a building permit.
26. Prior to the development of the site, the developer must obtain sufficient sewer allocation to
serve the proposed project, and will be r~quired to pay the City :sanitary sewer connection
fees.
27. The design of all sewer line improvements serving the project site shall be provided by the
developer, subject to the review and approval of the city Department of Public Works.
28. Prior to the development of the proposed project site, the developer shall pay required City
of Gilroy Parks and Recreation impact fees.
29. During construction of residential lots 60 - 73, a qualified professional archeological
monitor shall be present whenever earth-moving activities take place. The qualified
professional archeological monitor shall prepare written reports to the city of Gilroy
Planning Department on a weekly basis.
If archeoloszical resources are uncovered during earth movinS! activities, all work shall be
- , - -
halted. At that time, and prior to any further construction activities within the .
archaeologicallysensitive area, archeological testing will be necessary to determine the
nature, extent and significance of the site. Testing shall include detailed surface collection
and recording, mechanical (back hoe) trenches to determine the depth and subsurface extent
~f the site, and hand excavated units to determine the nature and composition of the site.
. ,
, The qualified professional archeological monitor shall be hired by the City of Gilroy
Planning Department, and funded by the developer, prior to the issuance of a building
pernul. . .
30. Due to the possibility that significant buried cultural resources might be found during
construction, language shall be printed on construction drawings for all phases to protect
these resources, pursuant to the-review and approval 'Of the City Planning Department.
Such language might read as follows:
"If archeological 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
professional archaeologist. If the find is determined to be significant, appropriate mitigation
measures shall be formulated and implemented." .
Preliminary Negative Dec1arationffM 94-04
. .
Page 8
9/19/94
.
Date Prepared:. September 19. 1994
End of Review Period: October 14, 1994
Date Approved By City Council:
Michael Dom, Director of Planning
.
.
Attachment A
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:
~
Nat:ure of Mitigation
Party
Responsible for
Implementation
Developer
Party Responsible for
Monitorin~
City Building Department
Mitigation
Number
2.
.
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 T)ature 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
map.
Exhibit "e"
Mitigation
Nwnber
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
Storm 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.
.
!
Parly
Responsible for
Implementation
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Parly Responsible for
Monitorinlt
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Attachment B
.
MITIGATION MONITORING PROGRAM CHECKLIST
Hillcrest Phas~ IV Subdivision Initial S~udy
Prior to issuance of a Building Permit, the following mitigations s.hall be imple-
mented: '
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Mitigation
Number
1
-1
5
Nature of Mitigation
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- Department.
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
permit.
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 (Le., Best Management
Practices) both during and after
construction, for example:
(Continued on next page.)
~ ~
~- ..,..........~
Party
Responsible for
Implementation
Developer
Developer
Developer
Party Responsible for
MonitorinlI
City Building Department
City Planning Department
City Public Works
Department
City Planning Department
City Public Works
Department
....- ...
- ~~ .., ...... .~ ..........,--~ ___... .r, _ ..~.. ._...~...,...~"'l".'1 ___~~.~...........,Y1r
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 provide 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 tre;1tment 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
Implementation
Developer
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Party Responsible for
Monitorinll
City Building Department
and Planning Department
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Mitigation
Number
6
..
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 In 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-
et'ed. 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 burlaped;
· The surrounding soil should
be watered extensively prior
to the removal of ea~h 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 page).
.
Party
Responsible for
Implementation
Developer
Party Responsible for
Monitorint!
CityParks and Recreation
Department
City Planning Department
~- ,~.. ...,~.."", ........w:""!'......;.,-~,""-"'........C"TP~.""'VOI:'__ ""... '~.,.""'--~;T-I-.....:..,....-=-"..,. "':"~ ,,""'''''''',.....,... .......'" ,.,~""""...._,.., T ."
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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 stnk~s should be required
as Quercus Zabala have a
large root ball with long tap
, roots:
The developer shall also be re-
quired to obtain the signature of
the consulting arborist on the fl-
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.
Parly
Responsible for
Implementation
Developer
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If
Party Responsible for
Monitoring,
CityParks and Recreation
Department
City Planning Department
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Mitigation
Number
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7
8
9
10
.
Party
Responsible for
Implementation
Tree removal and grading activ- Developer
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 ili inciden-
tal mortalities. This scheduling
criterion shall be included on the
final improvement plans prior to
issuance of a building- permit.
The developer shall pay the ap- Developer
propriate Traffic Impact Fee,
subject to the approval of the
City Engineer prior to the is-
suance of a building- permit.
Signalize the Santa Teresa Developer
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 Developer
to a four-lane expressway from
north of MantelH Drive to north
of the Longrnea!iow Drive. This
must be installed as a part of the
third phase of the project Oots 86
through 112), and is subject to
the approval by the City
Department of Public Works
prior to the issuance of a
building- permit.
Nature of Mitigation
.
Party Responsible for
Monitorinst
City Public Works
Department
-c-
City Public Works
Department
City Public Works
Department
City Public Works
Department
.
.
Party
Mitigation Nature of Mitigation Responsible for Party Responsible for
Number Inrplementation Monitoring
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
buildimr oermit. .
12 Install a four-way stop control at Developer City Public Works
the Mantelli 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
building penn it.
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 permit. 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
building oermit.
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Party
Mitigation Nature of Mitigation Responsible for Party Responsible for
Number Implementation Monitorinl!
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 muffled and main-
tained. The contractor work
specifications for all construction
activitie& shall reflect these mea-
s~res, subject to review and ap-
proval of the City Building de-
partment prior to issuance of a
buildimr permit.
17 The developer shall submit a de- Developer City Planning Department
tailed plan for all exterior lights
as a part of the buildin:g 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 t~ the review and
approval by the City Planning
Department.
18 The developer shall provide re- Developer Gilroy Unified School
quir~d 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 ofa
building permit.
___....._ ~...-.....--~ . - '..... ......,-~, 1-... ._...~
~
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,Party
Mitigation Nature of Mitigation Responsible for Party Responsible for
Number Implementation Monitorinl!
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-
partment.
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 Public 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-
in!! permit.
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-
in!! permit.
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
permit.
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
sanitarY 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-
partment 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.
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Mitigation
Number
29
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Parly
Responsible for
Implementation
During construction of residen- Developer
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 Planning 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 ofthe 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.
Nature of Mitigation
The qualified professional ar-
chaeological monitor shall be
hired by the City of Gilroy Plan-
ning Department, and funded by
, I' the developer, prior to issuance
of a building permit.
.
Party Responsible for
Monitorinll
City Planning Department
,
.
Mitigation
Number
Nature of Mitigation
30
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
Party Responsible for
Monitorini!
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. 98-35 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 July, 1998, 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 9th day of July, 1998.
~
City Clerk of the City of Gilroy
(Seal)