Resolution 1998-43
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RESOLUTION NO, 98-43
REVISED-Numbering Error
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 98-06, A VESTING TENTATIVE
MAP WITH 78 RESIDENTIAL LOTS ON APPROXIMATELY
29,15 ACRES LOCATED WEST OF THOMAS ROAD,
BORDERING THE NORTH SIDE OF BABBS CANYON CREEK,
APN 808-20-011
WHEREAS, Orchard Valley Communities ("Applicant") submitted TM 98-06,
requesting a Vesting Tentative Map to subdivide a 29.15 acre parcel into 78 single-family, residential
lots; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") a
Negative Declaration was adopted by the City Council on April 20, 1996, along with a
mitigation/monitoring program, which included this project in connection with zoning amendment
application Z 95-09; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 1,
1998, at which it considered this project and voted to recommend approval of TM 98-06 to the City
Council; and
WHEREAS, the City Council held a duly noticed public hearing on July 20, 1998, at
which time the City Council considered the public testimony, the Staff Report dated June 24, 1998, and
all other documentation on the project.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds as follows:
1, The project is substantially consistent with the General Plan because it conforms to
the land use designation for the property on the General Plan Map, and is
substantially consistent with the intent of the text of the General Plan document, all
as set forth in the Staff Report dated June 24, 1998,
2, The project is substantially consistent with the Zoning Ordinance and the City's
Subdivision and Land Development Code,
3, The proposed subdivision is consistent with the concurrent Planned Unit
\KHM\41831401
81-072 404706002
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Resolution No, 98-43
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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. Vesting Tentative Map TM 98-06 should be and hereby is approved, subject to the
twenty-one (21) conditions identified in the Staff Report dated June 24, 1998, attached
hereto as Exhibit 1\ 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 3rd day of August, 1998 by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON,
SPRINGER, GILROY
COUNCILMEMBERS: NONE
NOES:
ABSENT: COUNCILMEMBERS: SUDOL
APPROVED:
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,A. Mike Gilroy, Mayor \
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Rhonda Pellin, City Clerk
\KHM\418314,01
81-072404706002
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Resolution No, 98-43
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. C6mniQnity ~evelopment :D~ent'
Planning Division
Staff Report
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1uDe 24, 1998
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. ,FILE' NUMBER: _~ 98-06, Vesting Tentative ~ for De P"JIla . "
APPUCANT: Orchard Valley Comimmities .(clo CJiffJohnson)
LOCATION: Westerly terminus of Oak Brook Way
. . [immediately west ofKlImm.n &\ Broad's Oakbrook Subdivision]
STAFF: WiDiamFaus
REOUESTED ACfION:
The applicant is requesting"Vesting Tentative Map approval for "The J'iUos- phase of the Thomas
Road Development. If approved, this tentative map request will allow the subdivision of a 29.15 :I:
acre site into 78 single family lots, with a minor additional dedication to the Babbs Creek preserve.
DESCRIPTION OF PROJECT:
Parcel No':
Parcel. Size:
Flood 'Zone:.
808-20-011
appro~Ately,29.I5 acres ,
"0", panel 06034 ??oo 3D, dated 09/04/87
{With a revised 04/18/91 LOMAR}
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STAnIS OFPROPER.TY:
, Existil1i T .sind Use
UDdeveloped
General Plan DesipniOn
Residential Low/Mecl. Density
Zonhw
RII R3 PUD -
STATUS OF SURROUNDING PROPERTY:
North:
East:
South:
West:
Eximnr l.smd Use
FaDow Field, SF Res.
Single Family Homes '
, 'Babbs Creek Preseive
Agricultural .
General Plan Dempnion '
Residential Low Density
Residential ~w/Med. Density
, "Residential Low Density
Residential Low Density
Zonin; .
AI.
RI/RJ PUD
RI POD
At
Exhibit A
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1M 98-06
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CONmRMANCE OF HOUEST WITH GENERAL PLAN:
The proposed Vesting Tentative Map (TM 98-06) comoODl to 'the lad use dNi~OD ,for 'die
property on the General PJm map, mI is ~lItent with ~.iDteat of the text of the Geaaal PJm
dOcument. This project also conforms with the policies of GiJroYs GenerIl Plan. The fbllowing
~Ies demoDStrate this compliance: '
,Urban DevelQpMent and Coimmm~ Desip , ,
POUCY3: , " .
Urban Development Will only occur within the 'Incorporated portion of the Planning Area. Land will
therefore be annexed to the City before final development app,oWll is given.
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POUCY4: .
The City willphase ~lopment in an orderly, contiPOfl3.mtI1J1IeI'in order to 1IIlIintain a compact
development pattern to avoid premature investment for the atension of public facilities and services.
,New urban development will occur in areas where nnmicipa1 services are available and copacity
exists prior to the approval of development in areas which 'WOUld require major new facility
expansion.
Residential Environment
POUCY 1:
The City will continue to work towards the goals of a balanced cotnnnmity with a variety of housing
types and prices, sujJicient job opportunities, and an efficient and adequate provision of City services.
Urban Growth and Development
POUCY 11: '
Clustered development will be encouraged as a means of obtaining variety of design and a sense of
openness.
ENVIRONMENTAL IMPACTS:
An ecpandtld Initial Study was prepared for the proposed project, which was pn;viously submitted to
both the Planning Commiuion and City Council in 'January 1996. The study was independently
reviewed by City staff and reflects the independent judgement of the City of Gilroy. The Initial Study"
identified potentially ~cant e1fects on the environment, however, the appJicam has agreed to
specific revisions in the project and/or individual mitigation meaiures wiD be applied to the project
which avoid or mitigate theeffec:ts to a poiDt where no significant effects wiD oCcur. There is no
~bstantiaI evidence that the proposed project, as revised, may have a siguificant effect Qn the
environment. Therefore, a Negative Declaration was prepared and issued UDder Z 95-09, by the City
Council on 4120196. S....... subsequently review:ed this report in coajaactioa witJa tile subject
request (TM 98-06), aDd fiBeII the project ~bstantiaDy CODJisteDt with tile prior e.aviroDlDental
documentation. ',' ., " '
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RELA TIm APPLICATIONS:
Z 95-09:
, A prior' approved zone ,change request that amended the dty .of. GjIroy's ZoniJ:lg Map from Al
(~) to RI-PUD (SiDgle Family,Residential- Planned UDit Devel~), and combined this .
property with existing Rl-PUD amd R3-PUD property, in order to create a consolidated R1IR3 ~
(Pianoed Unit Developlile:nt) combining' district. This-request wii J'eCOI.lIl~ for approved by ~_, .
Planning Commission on 4/4/96, and approved by the City Council on 4120/96.' ,
A1S 96-21 (PUD): _
This PlanneCi Unit Development approval allowed the "De o-b" phase of the Thomas Road
project to be constructed on 41:t acres. The project involved 7S single Dmily homes on individua1lots,
transfer of deasity within, the project PUD bouudary, aDd the completion of the north side of the Babbs
Canyon Creek linear park adjacent to the project site. This request was recommended for approval "
by the Plannittg Commission and subsequently approved by the City Council on December 16, ,1996.
TM 96-07:
Tentative Map for "The o.b", at Thomas Road, development project. A tentative map request to
subdivide a 54.2:: acre site into 7S single family lots, a publicly dedicated creek preserve (Babbs
Canyon Creek), and two remainder parcels. This, request was recommended for approval by the
"Planning Commission and subsequently approved by the City Council on December 16, 1996.
AlS 9~20 (PUD): - This application accompanies the subject Tentative Map request
If approved, this Planned Unit ~elopment will allow the "De JrIllllS" phase of the Thomas Road
project to be CODStructed on '29.15.:t aaes. The project, ~ aBow the subdivision of site into 78 single
familylots, ~ a minor additional dedication to the Babbs Creek ~. " ,
ROO BACKGROUND:
The subject tentative map request ("De Y"1lIIIS") represents a part of the larger Thomas Rf;tad
Developmeat, which has four distinct sections:
#1. De Yuaq"'*
#2. De Cnd:s
#3. De Y"1Ila
#4. De Up/ads
Total Development:
106 single family dwellings (south side of Babbs Creek)
78 single family dwellings (north side of Babbs Creek)
75 'smaB-lot SF dwellings (northwest of Babbs creek)
60 single t8mi1y dwe1linas (north,offbture Luchessa),
319 dwelling units
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TM 98-06.,.
To da~e.. the Thom.. Road nev.'IQent ~.. ~ed the r~r R~ allatmmb:
RD 82-03
RD 92-21
, RJ> ~5
RD 96-08
Total RDO:
42 siDgle family dweDinp (constructed UDder 1M 93-03)
141 ,single family dwellings (UDder TM 94-05, TM 96-07)
125 SF dwellings ('~"""'13 ....n lat.) ,
46 single family cfweDings .
354 dweDing units approved forbuildOut
1.'he City Council approved build-out sched,ule for the 1992, 1994, aad 1996 ROO aDocatiou:
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'1995 1996 1997 1998 1m 2000 Totals
RD 92-21 ' 33 33 34 41 . 141
RD 94-05' 17 10 20 35 43 125
RD 96-08 46 46
Year Totals 33 SO 44 61 35 89 312
ANALYSIS OF REOUEST:
The ~liCRnt Orchard ValltO' Communitie$. is !'eQJl" Vesting Tentative Map approval for "The
Villas" ,portion of the Thomas Road Development prqect. If approved, this tentative map request will
allow the Subdivision of a29.1~:I: acre site ,into 78 single fami1y lots [seventy-five small 4000 :I: sq.ft
lots and'~ standard 6,000 sq.ft.lots], and a minor addition to the Babbs Creek preserve. (Note:
three of the single family lots at 6,000 sq.ft., 1# 76, #77~ and #78, are the fellulining lots that complete
, the adjacent ,subdivision being constructed by .JC.8n&u;Il' . Broad).
The pr~ is locatM west of Thomas Road and borders the DOJth side of Babbs Canyon Creek. The
, extension of Thomas Road to the west (future Luchessa AVenue) will border the project site along its
,northerly property line. Primary access wiD be provi~ from a local street cOImecting to Luchessa
Avenue, with secondary acceis along existing Oak Brook Way (paraDel to Babbs Creek). No direct
access to Luchessa Avenue wiD be developed.
The proposed tentative map with the requested 78 single fami1y lots is consistent with the C~s
General Plan land use map which d~Jltes the site as RESIDENTIAL LOW .aDd MEDIUM
DENSITY. A maTi""",, build-out density not to exceed 7% dwelling units per net acre is allowed
under the RI base zoning, and a msmmum of 16 dweUiDg units per net acre is allowed under the R3
b~ zoning. Combining the two districts is allowed under the existing PUD desigDation. '
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The eximnr PlJD combininr dimiet (altlb~.... Z 9s-t19. .. ~-.c..4tldfiwllppl-d 11y,. P.....
Com",Wlon _414196 and t1pJ1'f1Wd by" CllyCt1llllt:ll _ 0t.W6) brings the R.IIDd R3 ~ dMipations
together and allows the buildout deDsity to be t:nmsferred across the atire site. As propo.dl UDder
the accompanyiDg PUD A1S 98-20 application, the site lIMp exhibits ail'overaD deasity of 6.7:.1:
dweIIiDg,units per aae, (appco,:i..Ultp.)y 9.-1 :.I: units per acre UDder The YiI/Qs and 5.4:.1: units per acre
for the Oakbrook site). ,The PUD ~ district allows the awnsms of Jot sizes in order to 'paDlit
lots less than the mini'hU1'Q 6,000 square feet.' . ' " , '
The 'Babbs CmtYon Cn!e1c ~ was initiated wider tentative iDap apprOval TM 93-03 and P1inn~
Unit Development A1S 94-22.' The master plan for the project 'was created under the p~ and
included both the north and south sides of the creek involving several parcels of land: The CUl'I'eDt
tentative map adds a small remainder piece to the Babbs Canyon Creek project, which is consistent
with the master plans ~ewed by the PIJmniftg Commiqion and approved by the City Council.
, As submitted, the proposed Vesting Tentative Map is subpsmti-Qy consistent with the City's General
Plan'land use map which designates the site u ResideDtia1 Low and Medium Density, substmttiaIly
consistent with' prior City Council Residential Development Ordinance buildout allocation,
substsmtiaDy conmstem with the State of CalifomiaMap Act, ~aI1y consistent with the City of
Gilroy Subdivisions and Land Development code, substantiAlly consistent with the City's Zoning
Ordinance, and substantially consistent with applicable development policies.
STAFF RECOMMENDATIONS:
Sta1i'recommends that the PJamm,g Commission fonvard a recommeadatioD to the City CoaDcil to
ap~ro~e this V estial Tea~tive ~p (TM 98-06) request for the following reasons:
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A ,The proposed V~ Tentmve Map eonformsto the land use desigoation for the property on ,
the General Plan map aud is consistent with the intent of tile text of the General Plan document;
B. Public utilitieS and ,infrastructure improvements, needed in order to serve the proposed
development are in close proximity along Oak Brook Way and Luchessa Avenue;
C. There wiD be.JIO ~caDt eDvironn~.. impacts as a result oftbis Vesting Tentative Map due
to the required mitigation ~ to be applied at the development stage; and
D. ' As submitted, the proposed Vesting T~ Map is consistent with the State ofCalifomia
MAP ACT and the City of Gilroy SUBDMSIONS AND LAND DEVELOPMENT code.
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TM"98-06
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III addition. Stafl'ret!ommenu the roDowin, mnditio... he ph..... on the patin, or thi. reqpest:
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1. MTnGA nON M1CA~IJR1i'_~ #11 throup ~ C()IIhIinM within the Neptive Declaration dated
4120/96 for Z 95-09 involving the subject project (JItt'ebed), shaD be applied to the approval oftbis
Vesting Tent8tive Map in order to reduce and/or ~~'aD poteDtial sipificam ~ to . level
of~giUficance, as required UDder the CaIifomia ~ Quality Act (CEQA). '
2. Alr~w_ positioned adjacent ~o the fUture exteDsion ofLUchessa ~veaile shaD be d~t~:, ' .'
control interior noise levels'in habitable rooms, from exterior sources, with tested ueemb&es having ,
STC of DC ratings of'4S db or more, (UBe Appendix Section S401(h), subject to 1he rmev; and
approval by the Building Life and EnviromnentaI Safety Division,(BLES).
3. An aB-weather access road, not less than twenty (20) feet in wielth, for fire ~ shaD ~ provided
before COIJJIDel1cing any combustible construction. Fae hydrants shaD also be iDstaI1ed and ftUlintained
before combustible coDitruction begins, subject to the revie,w and approvaI by the BuDding Life and
Ei1YironmentaLSafety Division (BLES).' "
4. Dead-end access roads, in excess of one hundred ~ (150) feet in length, shaD provide adequate
turning capacity for Fire ~ apparatus, and turning radii shaD not be less than thirty-nine (39)
feet, subject to the review and approval by the Building Life and EnviromnentaI Safety Division
(BLES).
S. The developer shall provide adequate dual access for each phase of development to meet the approval
of the Community Development Department.
7. Street improverne1ts 8Dd the design afaD stmm drairulge. sewer aDd water Jines, and all street sections
~ widths shaD be subject to the review and approval by,the Engineering Division.
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8. All utilities to, through, and on the Site shaD be instaDed underground in accordance with SeCtion
21.120, subject to the review and approval. by ~,Engineering Division.
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9. The developer shaD submit a soils report for the pioject. ,AD aradiDg 0j)eMi0Dl and soD compaction ,
activities sbaIl meet tile appmval of tile City p~~ GradiQg plllls sbaIIlbow andes of aD adjICeIIt
properties, subject to the review and approval by the EDaineeriDa Division. '
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10. All lots .ShaD drain to the street tbr storm dramage, subject to the review ind appmVll by the
' , R"iPneeriDg Division. .
11'. AD pioposed retJlini"B waDs must be CODStIUc:tcd of~ ..-.1eIIt aieriaJs such u concrete M m8soiVy
<Preferably modulir system, i.e. key stone), subject to the review and aPProvaI by the .Commuuity, '
Development Departmeni. Wood will not be pe&n.itted. .
12. Show l~on of all existing wells. AD existiDg water weDs shaD be sealed to meet the approval of
the City Engineer and the Santa Clara YaIley Water District (SCVWD). '
13. The design, height, texture, and color for the proposed sound waD alcmg fUture Luchessa Avenue
~ be subject to the review and approval by the P~eering Division.
14. The, developer shall pRmde water and electric utility service to the J,Nscaping area alcmg the
extension ofLuchessa Avenue, subject to the review and approval by the Community Services and
Community Development Departments.
15. SoundwaD IandSClping along the future extension ofLuchessa Avenue shaD be subject to the review
and approval by the Community Services and Community Development Departments.
16. All soundwalllocations shall meet the City of Gilroy's sight distance formula' on aD 'streets and
intersections, subject to the review and apprOval by the CQD'Im\JDrty Development Department.
17. An street improvements involving Luchessa Avenue sbal1 be subject to the review and apprOval by
the Engineering Division. , In addition, the eenter.;line radius ofLuchessa Avenue sbaII be designed
to C&lTrails Standards., AD intersections shaD meet at right-angles with tangents, subject to the
' ,review and approval by,the Engineering Division. .
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18. The deVeloper shall provide complete pedestrian access contistent with the Americans with
Disabilities Act (ADA) ~ which sbaD.include a wheelchair curb ramp at the iDtersection
of Thomas Road and future Luchessa Avenue, subject to the review aDd approval by the Community
Developnent 1>epartmeDt. '
19. Unless this project is exempt from the application of the City's Residential Development OrdiDance
("RDO.~ City ZoDing Ordinance Sections 50.60 et seq.)~ no buildiug permit shaD be ~ed in
- cnnnection with this project iftbe owner or developer of ~ deve1opmeut: (1) is not in compliance
with tile ROO, any CODditions of appmval issued !n connection with such deve1~ or other City
~"':~4$ applicable to such development; or (2) is in defau1t under any &greemeat entered into,
with the City in connection with ~ch deveIopmem pursuant to ~ ROO.
TM 98-06'
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20. The subdivider shaD defead, iDdeamifY, aad hold harmless the City, its City Co.mcil "annit,g
Cnmmi-sion, IpItS, oJBcxn, and employees &om any c1Iim, action, or prrv-'~ .pin. the Ciiy
or its City Council, ~ Cnmmi.,ion, ~ ofticers, or employees to attack. set iside, void,
or ammI an approval of the City, City Council, PIannUIa (:nmmi.,ioa, or other board, Idvisory
9DCY, or 1p.!pl'lative body concemins this subdivision. City.wiIl promptlY notifY the subctivicler of
any claim, action, or ~ 'pinllt it, and will cooperate fbDy in the ,~. This condition is ,
imposed pursuant tQ CaHfomia Govemment Code section 66414.St' . .
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21. The developer shaD provide joiDt trench composite plaDs, and utility improvement plans; tor the
underground electrical, gas, telephone, cable television, and con...Hmication conduits and cables.
Plans shaD include the size, location, details of all ~ locatiODl ofbuilding utility service stubs,
and meters and ~b or'awu~ ofjuDction structures as. part of the Improvement Plan
submittals for the project. The composite drawings and utility improvement plans shaD be signed by
a licensed civil engineer, and wiD be a part ofthe.fina1 improvement pJaDS. In addition, Luchessa
Avenue shaD be dedicated so that all utility in1tast:ructure and ficiJities will be located within the
public right-of-way, subject to the review and approval by the Engineering Division.
Respectfully,
$
WilHam Faus
Plsnni1,g Division Manager
attachment
~VlU.ASJl.1M
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7-1..98 At their meeting of July 1, 1998, the Plannil\g Commiqion recommended approval of
TM 98-06 with 21 conditions as set forth in the staff report by' a vote of 6-0-1
(Chairman Pinheiro absent). (Resolution 98-23)
AYES: BLANKLEY, COUJER, GARTMAN, JAl, PUENTE, TUCKER.,
NAYES: NONE', ' ,
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ABSENT: PINHEIRO
Planning Dfilartment
~NEGATIVE
DECLARATION
cl of Gilroy
7351 Rosanna St.
Gilroy. CA 95020
(408) 848-0440
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CI~ FILE RUMBERS: Z 95-09
PROJECT DESCRIPTION:
Name of project: The Creeks at Thomas Road
Bature of project: Proposed request to rezone 38t acres fr~ Al, Rl, and R3
(Agriculture, single Family Residential, and MediumD~nsity Residential) to
Rl-puo and R3-PUO (single Family Res~dential \ planned Onit,Development, ~d
Medium Density Residential \ Planned Unit Development) 1 and the prcposed
development that includes 136 single family and 80 multi-family dwellings.
PROJECT LOCATION:
Location: West side of Thomas Road, north of Babbs canyon Creek.
Assessor's Parcel Numbers: 808-20-006, '011, 016.
Entitv or Person(s\ Undertakina proiect:
Name: Thcmas Road Properties, Ltd.
Address: 7888 Wren Avenue, suite D-143, Gilroy, CA 95029
INITIAL S'l'UDY:
An Expanded Initial study for this project,was undertaken a~d prepared for
the purpose of ascertaining whether the prcject might have a significant
effect on the envircnment. A copy of this study is on file at the City of
Gilroy Planning Division, 7351 Rosanna street, Gilroy, California.
FINDINGS & REASONS:
The Initial study identified potentially significant, effects on the
environment. However, the applicant has agreed to specific-revisions in the
project and/or,the project has been revised. See the following list of'
MITIGATIOB'MEA5URES, which avoid or mitigate ,potential effects to a point
where no significant effects will occur. ,There is no substantial evidence
that the project, as revised, may have a significant effect on the
environment. The following reasons will support these findings:
A. The proposed rezoning frcm Al, Rl, and R3 (Agr~culture, single Family
Residential, and Medium Density Residential) to R1-PUO and R3-PUD (single
Family Residential \ Planned Unit Development, and Medium Density
Residential \ Planned Unit Development)-is consistent.with the 'city's
General Plan land use map:
B. The proposed project is substantially consistent with the adopted goals,
and policies of the City's General Plan document:
c. The granting of this request will not adversely affe~t or impact adjacent
parcels of land or developed agricultural and residential properties in
the vicinity: and
D. All potential significant 'effects can be mitigated to reduce them to an
insignificant level of impact.
Exhibit B
.. . Z95-09 NEGATIVE. ,.ARATION . . Page3orS.
, 4. 'Developers shall pay'the appropriate storm drain development fees, subject
to review by the city Engineering Division Works prior to issuance of a build-
ing permit.
5. The developer shall apply for and 'obtain a General Permit for Storm Water
, Discharges Associated with Construction Activity by submitting a completed
Notice of Intent form and appropriate payment to the State Water Resources
Control Board prior to the issuance of a building permit. Further, the devel-
oper shall be required to comply with the terms of this p~rmit during and after
construction of the project. Tnese terms include, but are not limited tOI the
following: '
The use of water quality controls (i.e. Best Management Practices) both dur-
ing and after constructionl for example: '
· Design project to focus on minimizing directly connected impervious
surfaces to provide for slowing of storm water flows and increasing
recharge potential; .
· Stabilizing denuded areas prior to the wet season (October 1 through
May 1); . '
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· ~imiting construction access routes and stabilizing access points;
· . Protecting adjacent properties with sediment barriers, dikes, or mulching;
· Using proper construction material and construction waste storage,
handling, and disposal practices; ,
· Protecting outdoor storage materials from drainage with berms and roof
covers;
· Using appropriate landscape controls (irrigation and application of fertil-
izers, herbicides, and pesticides); and
· Installing structural storm water treatment controls such as wet ponds,
'swales, vegetated filter strips, extended detention basins, and sand
ffi~rs. '
6. The developer shall construct finished floor elevations at least one foot above,
the 1 Oo-year flood elevation as delineated on the Flood Plain Study for Thomas
Road Property, included as Appendix C of the Vineyards at Thomas Road Expanded
Initial Study.
Air Quality
7. Developers shall not grade more than three acres per day. This mitigation
shall be implemented throughout project development and shall be included in
co~struction specifications to be submitted to the city Engineering Division for
review and approval. _
Z9S-09 NEGA1lVE rnON, Pag1!Sof8
.No d~velopment, staging of equipment or materials, placement of spoils, veg-
etation removal, or use of off-road vehicles or mountain bikes shall be allowed
in the buffer zone. The minimum width of the buffer may .be modified by the,
Department of Fish and Game. The project redesign shall be subject to
review by'the California Department of Fish and Game prior to approval of a
tentative map by the city's Planning Division.
14. The project proponent shall include the following items in the ,final improve-
, ment plans:
· Revegetate the banks of Babbs Canyon Creek with vaney oak or west-
ern sycamore such that a continuous riparian canopy is' eventually
established. A revegetation plan and monitoring program shall be
developed and implemented by a qualified native habitat restoration
specialist.
· Construction of a low-stature fence, similar the existing wire fence along
Uvas Park Drive, along the outward edge of the riparian habitat to dis-
courage unauthorized trespass into the corridor. 'This measure is
intend~d to minimize the adverse effects of adjacent loss of foraging
habitat and disturbances to wildlife from the presence of people and
dOgs in,the corridor. '
· Establish signs alone the pedestrian trail that discouraee unautho rized
trespass and prohibit' unleashed dogs from entering into the corridor.
· Prohibit the use of private motorized vehicles on the pedestrian trail.
· Lighting along the pedestrian trail shall be low in stature, with ligHts
directed onto the pathway. Lighting along the street shall incorporate the
, use or opaque shields to minimize lighting towards the riparian corridor.
The opaque shields shall meet the concerns of public safety. Lighting
that directly illuminates the riparian corridor shall not be established.
This measure is intended to reduce the adverse effects of night lighting
on noct~rnalwildlife using'the creek as a movement corridor.
These items shall be incorporated into the final improvement plans, subject to
review and approval by the city's Planning Division and Parks Division, and
the California Department of Fish and Game prior to issuance of a building
permit. ,
-1
15. Literature regardmg the value of riparian corridors and which encourages the
protection of the botanical and wildlife resources of Babbs Canyon Creek
shall be distributed by the project proponent with the sale of each new home
at the project site. This mitigation is intended to educate future residents of
the proposed project of the value of the riparian corridor.
16. The design of all storm drainage improvements serving the project site shall
be provided by the developer, subject, t,o review and approval by the city's
~
20.
21.
22.
23.
24.
25.
26.
Z9S-09 NEGATIVE iARATION
need for noise attenuation
considerations.
18. Noise-generating construction acti\1ties shall be restrided to the hours of 7:00
A.M. to 8:00 P,M., Monday through Friday, and 9:00 A.M. to 8:00 P.M. on
weekends and holidays. Construdion equipment shall be properly muffled
and maintained. The contractor work specifications for all construction
activities shall reflect these measures, subject to the review and approval of
the city Building Division, prior to issuance of a building permit. '
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Page 7 ofa .
structures or special building design
Public Services
19.
Prior to development of the site, the developer shall pay required city Public
Safety impact fees.
Prior to development of the site, the developer shall pay required city Public
Safety impact fees. ' ,
Prior to development of the site, the developer shall pay required city Parks
and Recreation impact fees.
The developer shall dedicate the creek, its riparian area and a pedestrian trail
as a city park and recreational facility., '
The city shall issue a 100-foot wide easement over the creek to the Santa
Clara Valley Water District.
The creek and pedestrian path shall be maintained through implementation of
a Lighting and Landscape District charging appropriate homeowners. Lighting
and landscaping along the project frontage at Thomas Road shall also be
included jn".this district. '
The developer shall redesign the proposed project whereby the internal road
wUI run parallel and adjacent to Babbs Canyon Creek Parkway. The redesign
shall b~ reviewed and approved by the, city's Engineering and Planning
Divisions. '
The' applicant shall construct or cause to construct the pedestrian trail. The
design shall be review and approved by the Parks, Planning and Engineering
Divisions '
Utilities and Service Systems
27. The design of all water infrastructure improvements serving the project site
shall be provided by the developer,subject to the review and approval by the
city's Engineering Division.
28. Developers shall install or cause to install through payment of a fee to the city,
an additional water line in Thomas Road to accommodate the proposed
~ ....".
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The Creeks At Thomas Road .
Initial Study
MJtigatio~ Mon~rlng Program
Introduction
On January 1, 1989, the California State legislatUre passed into law Assembly Bill
'3180. This bill requires public agencies to adopt reporting or monitoring programs.
when they approve projects subject to an environmental impact report or a negativ~~
. declaration that includes mitigation measures to avoid' significant adverse
environmental effects. The reporting. or monitoring program is to be designed to ,
ensure compliance with conditions of project approval during project implementatiorl:
in order to avoid significant adverse environmental effects. ,.
The law was passed in response to historic non-Implementation of mitigation
measures presented in environmental documents and, subsequently adopted as
conditions of project approval. In addition, 'monitoring ensures that mitigation
measures are implemented ,and tl1ereby provides a mechanism to evaluate the
effectiveness 'of the mitigation measures.
A definitive set of project conditions would include enough detailed infonnation and
enforcement procedures to ensure the measure's compliance.' This monitoring
program is designed to provide a mechanism to ensure that mitigation measures and
subsequent conditions of project approval are implemented.
_ Monitoring Program
The basis for this monitoring program is the mitigation measures included in the
initial study. These mitigation measures are designed to eliminate or reduce signifi-
cant adverse environmental effects to levels of insignificance. These mitigation mea-
sures become conditions of project approval which the project proponent is required
to compl~te during and ,after implementation of th~Proposed project.
The, attached, checklist' (Attachments A, Bt and C) is, proposed for monitoring the
implementation of the mitigation measures., This monitoring checklist contains all
appropriate mitigation measClres in th~ initial study.
Monitoring Program Procedures
It is required that the City of Gilroy use the attached monitoring checklist for the
Proposed project. The monitoring program should be implemented as follows: '
- . I 1. The City of Gilroy Planning Director should be responsible fOr cOordination of
the monitoring program, including the monitoring checklist. The Planning
Director should be responsible' for completing the monitoring checklist and '
Exhibit C
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CHECKUST
Prior to issuance of a Building Permit, the foDowing mitigations shall be
implemented:
. ,
Mitigation Nature of Mitigation Party Responsible Party ResponsJble for
Number fori MonItorina
"
1 Development, designed in Developer Building ~
accordance with earthquake
deaien reauJations
2 SoIls Investiaation ' : Develooer Division
3& 16 . Prepare stann drain improvement Developer Engineering Division,
plans CalIfomia Department of Fish
and Game
4 Pay storm drain development Developer EDgin . Dmsicm
~
fees
5 Obtain NPDES Permit j
6 Construct finished floor elevation Developer Building DivisJon
one foot above 100-year flood
elevation
-
7 Do not grade more than 3 acres at Developer Planning Division
a time
8 ' Water soils DeveloDer Enaineerina DMsion
9 Pay traffic . fee Develooer En' Division
10 InstaI'lefHum channels DeveIooer Enalneerina Division
11 Install all infrastructure frontage Developer Engineering Division
imorovements
12 PrBoare detailed artJorist reoort - Division
r
13 Develop-S)..foat buffer Jn88SW8 Developer ..PlanAing DivisJon
outward from the riparian canopy
Una on each side of the creek
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29
ne.;p lIeWer' iDfrut:ructan ~
30
Protect all,. , fv. ture Dn.1oper
,~
~~~eLed cm-site
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No, 98-43 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 3rd day of August, 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 13th day of October, 1998,
~L. W~j?:
City Clerk of the -City of Gilroy
(Seal)