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Resolution 1998-44 . . ." RESOLUTION NO, 98-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 98-05, A VESTING TENTATIVE MAP WITH 75 RESIDENTIAL LOTS ON APPROXIMATELY 48,52 ACRES LOCATED EAST OF SANTA TERESA BOULEVARD SOUTH OF LONGMEADOW DRIVE, APN 790- 04-062 AND 790-04-059 WHEREAS, Orchard Valley Communities ("Applicant") submitted TM 98-05, requesting a Vesting Tentative Map to subdivide a 48,52 acre parcel into 75 single-family residential lots; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") the City prepared an expanded initial study and circulated a proposed Negative Declaration in conjunction with application Z98-05, which application for a zone change included this project, which was adopted by the City Council on July 20, 1998, along with the Mitigation Monitoring Program for the project; and WHEREAS, the Planning Commission held a duly noticed public hearing on July 30, 1998, at which it considered this project and voted to recommend approval ofTM 98-05 to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on August 3, 1998, at which time the City Council considered the public testimony, the Staff Report dated July 22, 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. \KHM\421717,01 82-083104706038 -1- RESOLUTION NO, 98-44 . . NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council finds as follows: 1. The project is consistent with the intent of the goals and policies of the City's General Plan, 2, The project is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code. 3. There are no facts to support findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474, 4, There is no substantial evidence that the project as mitigated may have a significant effect on the environment. B. Vesting Tentative Map TM 98-05 should be and hereby is approved, subject to the twenty-eight (28) conditions identified in the Staff Report dated July 22, 1998, attached hereto as Exhibit 1\ and to mitigation measures 1 through 15 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, provided, \KHM\421717,01 82-083104706038 -2- RESOLUTION NO, 98-44 . . however, that this approval is null and void unless and until the Zoning Ordinance approving application Z98-05 becomes effective, PASSED AND ADOPTED this 8th day of September, 1998, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: t,~ \~~Q-&a K.A. Mike Gilroy, Mayor \. "\ ATTEST: ~2'.~': ~,,/.'- /. J / .l- > / /' " ' ctl'/~~,-e!-~~<,-~c Rhonda Pellin, City Clerk IKHM\42171701 82.083104706038 -3- RESOLUTION NO, 98-44 . . Community Development Department Planning Division Staff Report ~- July 22, 1998 File Number: TM 98-05 - REVISED STAFF REPORT Applicant: Orchard Valley Communities Location: East side of Santa Teresa Boulevard, south of Longmeadow Drive Staff Planner: Melissa Durkin REQUESTED ACTION: Approval of a tentative map for a subdivision of 75 residential lots. DESCRIPTION OF PROPERTY: Parcel Number: Parcel Size: Flood Zone: 790-04-062, 790-04-059 48.52:1: acres "B" , Panel # 060 337 0640 D Panel Date: 10/06/81, Revised to reflect LOMR 8/31/95 STATUS OF PROPERTY: Existing Landl.Is.e Sing. Fam. Homes, Storage bldgs. General Plan Designation Low Density Residential Zoning Rl ST A TUS OF SIlRR<lI.INDIN_G PROPERTY: Existing LandlJ~e N: Channel/Sing. Family Homes S: ChanneVSing. Family Homes E: Undeveloped W: Santa Teresa Blvd.lS.F. Homes GeneralElanDesignation PPF /Low Density Residential PPF /Low Density Residential Low Density Residential Low Density Residential Zoning RI-PUD Rl Rl RI-PUD EXHIBIT "A" . TM 98-05 - Revised Staff Report . 2 7/22/98 CONFORMANCE OF REQUEST WITH GENERAL PLAN: The proposed project conforms to the land use designation for the property on the General Plan map, and is consistent with the intent ofthe text of the General Plan document. This project conforms with the policies of Gilroy's General Plan. The following examples demonstrate this compliance: Urban Development and Community Design (Section II): Policy 3: "Urban Development will only occur within the incorporated portion of the Planning Area. Land will therefore be annexed to the City before final development approval is given. " The proposed project is in conformance with this policy, because this land was annexed to the City in January of 1994. Policy 4: "The City will phase development in an orderly, contiguous manner in order to maintain a compact development pattern to avoid premature investment for the extension of public facilities and services. New urban development will occur in areas where municipal services are available and capacity exists prior to the approval of development in areas which would require major new facility expansion. " The proposed project is in conformance with this policy, because this property is adjacent to developed residential property on the west. ENVIRONMENTAL IMPACTS: NEGATIVE DECLARATION An expanded initial study has been prepared for this project. The study identified potentially significant effects on the environment, however, the applicant has agreed to individual mitigation measures which will avoid or mitigate the effects to a point wher~ no significant impacts will occur. A Negative Declaration, with 15 mitigation measures, has been prepared for this project. RELATED APPLICATIONS: M 98-06 (AHE 98-02): Affordable Housing Exemption request for the construction of 157 affordable housing units. This application was presented to the Planning Commission and City Council in June, 1998. An exemption for 97 units was approved (75 single family homes and 22 cluster homes). Z 98-05: Zone change request to change the zoning designation of this site from R1 and R3-PUD to a combined Rl/R3-PUD zoning district. This application was presented to the Planning Commission and City Council in July, 1998, and approved. . TM 98-05 - Revised Staff Report . 7/22/98 3 TM 98-07: A Tentative Map request to create 47 single family residential lots, ranging in size from 3,611-12,456 square feet. This application was presented to the Planning Commission and City Council in July, 1998. A/S 98-25: Planned Unit Development Architectural and Site review for the construction of 47 single family homes (to be constructed on lots created by TM 98-07). This application was presented to the Planning Commission and City Council in July, 1998. A/S 98-31: w This application accompanies this request Planned Unit Development Architectural and Site review for the construction of 75 single family homes (to be constructed on lots created by TM 98-05). This application will be presented to the Planning Commission in July, 1998 and to the City Council in August, 1998. RDO BACKGROUND: This project received 150 RDO allocations for single family homes in the 1996 RDO competition [RD 96-09]. ANALYSIS OF REQUEST: This proposed tentative map will subdivide an approximately 48.5 acre site into 75 single family residential lots. The applicant is proposing to subdivide this property into lots that range in size from approximately 6,000 square feet to 10,503 square feet. Therefore, all of the lots in this subdivision are proposed to exceed the City's standard of 6,000 square feet. Cul-de-sac Configuration The cul-de-sacs in this development are located ten feet from Santa Teresa Boulevard. The City's typical standard for cul-de-sacs would require these streets to be pulled back from Santa Teresa Boulevard, and to have radial (pie-shaped) lots extending from them. The applicant is proposing an exception from the standard cul-de-sac configuration in order to maximize the number of lots on each of these streets. The proposed configuration will cause the sides of houses to face Santa Teresa Boulevard, whereas the standard configuration would have resulted in the rears of houses facing Santa Teresa Boulevard. The setbacks ofthe houses from Santa Teresa Boulevard will range from 11 feet to 25 feet, rather than the minimum 15 foot setback that would be required if the rear of these homes were adjacent to this street. This may create a greater visual impact to Santa Teresa Boulevard, however, the applicant believes the visual impact is mitigated by the following factors: ~ The homes on these lots will be placed at an angle to Santa Teresa Boulevard, in order to provide more architectural interest to this street. . TM 98-05 - Revised Staff Report . 4 7/22/98 ~ There will be fewer homes adjacent to Santa Teresa Boulevard with the proposed configuration than there would be with the standard cul-de-sac configuration [There will be 2 homes at the end of each cul-de-sac instead of 3.]. ~ The proposed cul-de-sac configuration will allow the applicant to break up the sound wall by placing wrought iron fencing in the section of the wall that is adjacent to the terminus of the cul-de-sac. In addition to these provisions, staff recommends that a condition be placed in the approval of the PUD Architectural and Site Review that will require the portion of the homes that can be seen from Santa Teresa Boulevard to include architectural enhancements (e.g. decorative shutters and framed windows). These enhancements will improve the overall aesthetics ofthe project. Water Channel Issues The proposed project is bordered on its north side by a water channel. General Plan Section VI-3, policy number 15 states, "The City should attempt to acquire the rights to use public and quasi-public utility and drainage channel corridors as linear parks to provide the network for a system of pedestrian and bicycle paths." Based on this policy, City staff is attempting to limit the number of houses built with their rear yards adjacent to the channel, by reserving these areas for open space, parking areas, streets or other buffers. The reason for this request is that residential rear yards abutting trails and pathways can create undesirable situations for two primary reasons: 1) The public presence on the trails and pathways may interfere with the privacy of adjacent residents and 2) When trails and pathways abut residences, they cannot be seen from the public right-of-way, and therefore are difficult to monitor by public safety personnel. The applicant has addressed the City's water channel policy by placing a street adjacent to the channel. Sound Wall Issues A sound wall will be required to be constructed at this site to reduce the amount of noise that future residents will be exposed to from Santa Teresa Boulevard. The original acoustical analysis which was prepared for this project has determined that a 12 foot high soundwall must be constructed along the western boundary of this site. The applicant has subsequently had some additional analysis prepared that looked at factors that were not included in the original noise analysis. The most significant factor that had not been looked at is the fact that there will be a signal put in at the intersection of Santa Teresa Boulevard and Mantelli Drive. This signal will slow traffic down to a speed of approximately 45 miles per hour. This reduced speed will cause a significant reduction in the noise produced by the vehicles. The sound analyst estimates that this reduction in speed will result in a reduced sound wall height of two to three feet. In addition, the applicant has the ability to elevate this site above Santa Teresa Boulevard, which would allow the height of the wall to be reduced even further. Staffis confidenLthat the heighLoLthe-.JVJlllcaahe.r.educed-thro.ugh _these....mells.ur.es.----Ihe.r.efo~e~itis r.ec.ommeru:leiLthaLth~pplicanLcontin~tQWo.rLwitutafLto_mitigate~uoundle.YeLto.Jl maximum of..6.O..Ldn~~const.ruc.tin~a-'YaILthatjs--a-maximum.heightoL2.5-feet.-[.N-01e:-Ibis is-.the.Aeight..oflhe-3\':allaLthe Slim me.rhillp..roj~Ldirectl)'-N.o.rtaof.this.~ite~l- . TM 98-05 - Revised Staff Report . 5 7/22/98 The applicant is proposing to construct three different models of homes in this project. The design of these homes will be considered in a future PUD Architectural and Site review application, and will be subject to Planning Commission and City Council approval. Access to this development will be provided by Longmeadow Drive (a collector), and Hirasaki Avenue (a collector) [Note: Hirasaki Avenue will be constructed across South Morey Channel as part of this project.] The proposed street alignments are consistent with minimum City development standards. 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 the Residential Development Ordinance exemption approved by the City Council. ST AFF RECOMMENDATION Staff recommends that the Planning Commission forward a recommendation of APPROVAL of this request to the City Council for the following reasons: A. The project proposal is consistent with the exemption from the Residential Development Ordinance granted to the developer by the City Council; 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 and 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; and F. The proposed project is consistent with surrounding development. IILaddition,....8taff recommends...the following conditions he placed on theJlp.p.r.Qyal of this reqn.e~1: 1. Mitigation Measures 1 through 15 contained within the Negative Declaration for this project 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. 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. . TM 98-05 - Revised Staff Report . 6 7/22/98 3. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be subject to the review and approval of the Engineering Division. 4. 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. 5. 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. 6. All improvements are to be done per City of Gilroy Standards, subject to the approval of the City Engineer. 7. All retaining walls must be 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. 8. 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. 9. All lots shall drain to the street for storm drainage, subject to the review and approval of the Engineering Division. 10. 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. 11. 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. 12. The developer shall install an architecturally enhanced soundwall at this site, subject to review and approval by the Planning Division and the Engineering Division. . . TM 98-05 - Revised Staff Report 7 7/22/98 13. Provisions shall be made by the developer for a funding mechanism for the maintenance of the sound wall, subject to review and approval by the Community Services Department and the Engineering Division. 14. Unless this project is exempt from the application of the City'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. 15. All existing water wells shall be sealed to meet the approval ofthe City Engineer and the Santa Clara Valley Water District (SCVWD). 16. An encroachment p~rmit will be required from the SCVWD for the outlet structures and locations, subject to review and approval by the SCVWD. 17. A SCVWD permit is required for any construction within or adjacent to North Morey Channel. Improvements plans should be sent to the district, and should show grading, drainage, landscaping and fencing. All plans shall be subject to review and approval by the SCVWD. 18. Site grading should be done such that there is no overbank drainage into the creek, subject to review and approval by the SCVWD. 19. Site drainage should be directed to an existing storm drain system. If an outfall is required into the creek, it must be constructed in accordance with SCVWD standards, subject to review and approval by the SCVWD. 20. Landscaping adjacent to the creek side property line shall consist of California native species. Any trees planted near the property line should be placed such that they do not overhang the property line, or are of a variety that can be pruned and trained to provide a minimum vertical clearance of 15 feet over the SCVWD property. All landscaping adjacent to the creek shall be subject to review and approval by the SCVWD. 21. Fencing shall be provided by the developer along the side of the residential lot which abuts the creek. Chain link fence may be placed on the property line. Any other type must be installed off the SCVWD right of way, and must be maintained by developer or future property owners. Fencing adjacent to the creek shall be subject to review and approval by the SCVWD. 22. The SCVWD streamside development policy should be incorporated into the design layout, to the extent possible, subject to the review and approval of the Planning Division and the Engineering Division. . TM 98-05 - Revised Staff Report . 8 7/22/98 23. The developer will be required to obtain a NPDES General Permit for Storm Water Discharge Associated with Construction Activity from the State Water Resources Control Board, subject to review and approval by the SCVWD and the State Water Resources Control Board. 24. The developer shall develop an educational program of best management practices for minimizing nonpoint source pollution which may originate from future homeowner's activities, subject to review and approval by the SCVWD. 25. 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. 26. 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." 27. An arborist report shall be prepared to address the retention and removal of significant oak trees on this site. The arborist shall prepare a mitigation plan for the loss of any significant trees. This report shall be completed prior to approval of the Architectural and Site Review, and shall be subject to the review and approval of the Planning Division. 28. The applicant shall continue to work with staffto mitigate the sound level to a maximum of 60 Ldn, while constructing a wall that is a maximum height of9.5 feet, subject to the review and approval of the Planning Division. Respectfully, ~ 1ffI;,n~ William Faus Planning Division Manager ~, . .,. .I J. ~ /I~ t, :?{ l ~~/ , _"':~h \ f ".. " \ I I ,,., ~ LOCATION /-~ / / --J , /t ) ,. r - . -!' :: OIl"Co,N~'" h "" l.~~~;; ~, 'Glo''lo..I;~. / e;-..: ~ o ' \~ ! 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':1 .- ~ THE DEVELOPMENl LOS ARROYOS ..... ""-"" . Community ~evelopment D~e~t Planning Division NEGATIVE DECLARATION City of Gilroy 7351 ROsaDna St. Gilroy, CA. 95020 (408) 848-0440 City File NUDilier: M 98-06 fmj.ed DPfit'.riptian: , Name of Project: Nature of Project: Los Arroyos Planned Unit Development Rcquest to construct 373 clwelling units, a child care/community center, and a 2.5 acre public park on a 64.8 acre parcel . ~caligD: Location: Property located East of Santa Teresa Boulevard, West of Kern Avenue, North of Mant~Ui Drive, and South of LonameaciOw Drive Assessor's Parcel, Numbers: 790-04-037,038,057.059,062 ~ or Per.oD(~) TJndl!rtSlki~ Pr~ed:: Name: Address: South County Housing 7455 Carmel Street Gilroy,'CA 95020 and Glen Loma Group 7888 Wren Ave. Suite D-143 Gilroy. CA 95020 Initial S.b.UlJ: An Initial smdy of this project was undertaken and prepared for the purpose of ascertaining whether ' this project might have a significant effect on the cn'Vironmenl A copy of this study is on file at the City of Gilroy Plarming Department, 7351 Rosanna Street, Gilroy, CA 95020. EXHIBIT '.'Bll .... u...,. prelim;",,?, Negative'Decw.e' Los AIroyos PUD 2 . .; 5f1.7/98 Finl'lillglC & 'Rsa."nnll: The Initial Study identified potC'djally 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 pI'Qjcct may have a significant effect on the cn~ironm.cnt The followin~ reasons will SUPP,ort these findings: 1_ The proposal is a logical component of the existing land use of this area, and this property is surrounded by development on all sidcs~ ' 2. Identified adverse impacts arc proposed to be mitigated through preparation of special studles. ~d constrUCtion of off-site improvements. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. 4. . The Initial Study was independently reviewed by City'staft and this Negative Declaration reflects the indepcndentjudgement of the City of Gilroy. Mitie"tinn ~I!:A~ures: 1. , A soils investigation shall be prepared for the proj~ by a qualified soils engineer. The recommendations of the soils investigation shall be ~corporatcd into the final improvement plans and shall be reviewed and approved by the Gilroy Engineering Division, prior to approval ,of the final map. , 2. The design and construction of all storm drainage improvements serving all phases of the project site shall be prepared in accordance with the Santa Clara County Water, District standards and provided by the project developer, subject to review and approval by the City 'Engineering Divisiol2. the Santa Cl~ Valley Water District, and the U.S. Natural Resouxces Conservation.S~ice. These design plans shall include, but not be limited to: a. Applicable storm water source and ~ent-based. best management practices, applied and maintained, as recommended in the California Stonn Wakr Best Management Practice rlsndbook; b. Provisions forperioclic sweeping for roadways, driveways, and parlcing areas on the project site; c. A design to reflect the City's Storm Water Master Plan; d. Paved ireas shall be designed to Iliinimize drainage that is channeled to one location. Pathway paving shall be kept to a minimum, and shall be porous in nature, wherever feasible; e. Drainage facilities shall be dcsigried and installed to collect and transport the natural flows away from the streets and buildings and into approved drainage structures; and .... u .. .. , p';1im;nswy Negative Dec~ Los Arroyos PUD 3 . 5/27/98 f. Site grading shall not cause drainage into the creek. 3. .NJply for ,and obtain a Genert:l! Ptumlt for Storm Wt:lte1' DtscJuzrges .A.uocit:lted with C01JStructi01l Activity, for the entire project s*. by submittinl 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 developer sba1l be required to comply with the terms' of this permit during imd after construction oftbc proj~' These terms include. but are not limited to. the use of water quality controls (i.e., Best Management Practices) both durUig and after construction, for eXample: " ai "Design. project to focus 011 minimi'7'ing directly connected impervious surfaces to provide for slowinl of storm water flows and increasing recharge potential b. Stabilizing denuded sreas prior to the wet season (October 1 through May 1); c. Limiting constnlction access routes and stabilizing access points; d. Protccting adjacent properties with sediment barriers, dikes, or mulching; e. Using proper construction material and construction waste storage, handling and disposal practices; f. Protecting outdoor storage materials from drainage with berms and roof covers; g. Using appropriate landscape controls (inigation and application of fertilizers, herbicides, and pesticides); and, h. Installing srructural stann water treatment controls such as wet ponds, swales, vegetated filter strips, extended detention basins, and sand filters. 4. The following control measures shall be incorporated into any permits issued for all phases of the project: A.. Water all active construction areas at least twice daily. B. Cover all trucks hauling soil, sand., and other loose materials or require all ~ks to maintain at least tWo feet of freeboard. ' C. Pave, apply water three times daily. or apply (non-toxic) soil stabilizers (In all unpaved access roads. parking,areas and staging ~as at construction sites. D. Sweep daily (with water sweepers) all paved access toads, parking areas and staging areas at construction sites. E. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. F. Hydroseed or apply (non-toxic) soil stabilizers to inactive consttuction areas (previously graded areas inactive for ten days or more). O. Enclose, cover. water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt. sand, etc.). H. Limit traffic speeds on unpavcci roads to IS mph. I. Install sandbags or other erosion control measures ~ prevent silt runoff to public roadways. J. Replant vegetation in disturbed areas as quickly as possible. , -_...._.~~_... - .....""'.....-..., IIIIJI U..O) ~J';minmy Negative Declare Los Arroyos PUD '4 . 5/27/98 k. Install wheel washels for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site. 1.' Install Wind breaks, or plant trceSIvcgetative wind breaks at windward side(s) of coustruction areas. m. Suspend excavation and ~ activity when winds '(instantaneous gusts) exceed 2S miles per hour., ' n. Limit the area subject to excavation. :rading, and other constrUCtion activity at anyone time. S. Prepare a grading plan for all phases, that shall include, but not be limited to, specifications requiring that no materials or machinery will be allowed within the boundaries of the Santa Clara Valley Waler District facilities. This would include any grading, and/or fill material or grading, and/or construction vehicles, etc. The plan shall be subject to review and approval by the City Engineering Division and the Santa Clara Valley Water District, prior to approval of the final map. Monitorine shqll take place during grading and construetion activities and shall be performed by either the City Engineerine Division or the Santa Clara Valley Water , District. Work which takes place within waters of the United States must be authorized by the U.S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). Watm of the United states gcncra11y include tidal watm, lakes, ponds, rivers; streams, and wetlands. If implementation of Mitigation Measure 5 is not feasible, Mitigation Measure 6 will reduce potential impacts to a less than significant level. 6. The project developer shall con~t the U.S. Army Corps of Engineers (CORPS) and Re&ional ,Water Quality Control Board (RWQCB) at the earliest possible stage of planning all phases to determine if the nature of the proposed work would require a pcnnit under the provisions of Clem Water Act Section 404. If consultation with the Corps and RWQCB determines that a permit is necessary, permit requirements may include, but not be limited to, the following actions to be completed prior to issuance of a building ,permit. . Delineate the amount of wetlands to be filled during construction activities; . Obtain a water quality certification or waiver from the t{egio:nal Water Quality Control Board; and . Apply for Corps permit or notify the Corps prior to fill activities. . 7. Prior to issuance of a building permit for each phase, the project developer shall complete the ' following tasks: . Submit a landscape plan. for review and approval by the Planning Division, indicating the loc;ation, size, and spec:ies of exiStine trees (oaks, elms. and any other native trees) found within the Tentative Map boundaries. Indicate which treeS are planned for removal. ItWv..... , rre;iminmy Negative Decmre Los Arroyos PUD' s . 5/27/98 . The City sball determine which trees, if my, are "significant ~ If ~e City determines that significant trees will be: febli"ed.. the landscape plan shall indicate which trees are to be: retained. During ccmstruetion of the proposed project,' the ~llowing measures ,nIl occur: 1) Significant trees'sball be fenced prior to, pading ~vitics to prevent root damage. The fem:ing shalL at minimum. 'conform to the driplinc of ~e ~ce. A radius of one to 1.5 feet per inch diameter is desirable; and, 2) Construction vehicles shall be routed around the dripline of the tree. ' ' If this is not feasible, then the project developer shall hire a certified arborist to prepare a mitigation plan for review and approval, by the Planning Division. , . 8. 1Jle following language shall be included on any pamits issued for the project site, including, , , but not limited to building permits for the future development "All noise generating 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. " 9. For Phase I, the project developer shall construct a 12-foot high, acoustically-effective barrier along the property line contiguous with Santa Teresa Boulevard. Openings up to 40 feet wide may occur in the barrier where the project site cul-de-sacs abut Santa Teresa Boulevard. To control flanking noise, the 12-foot high barrier must continue along the north and south property lines contigUous with the North Morey Channel and the South Morey Channel. These flanking barriers must be designed as follows: 12 feet high for IS feet., at 11 feet high for 10 feet, at 10 feet high for 9 feet, at 9 fcct' high for 12' feet, at 8 feet high for 16 feet, at 7 feet high for 17 feet and 6 feet high for 1 SO feet. This flanking barrier extends a total of 229 feet along the nonb and south property lines of the project site. Alternative soundwall c:iesigns may be acceptable. but are subject to the ~iew and approval of the Community Development Department. ' ' 10. ,For Phase I, a noise bamer<designed with fence openings at the cul-de-sac: locations, the project developer shall install acoustically-effective six feet high side yard fences to connect the sides of the first row of homes along Santa Teresa Boulevard with the main noise barrier. These side yard baniers are designed to prevent noise that, transmits through cuI-dc-sac openings from entering the sides of yards. Gates may be included in the barriers. The baIrier heights arc in reference to the nearest buildlng pad elevation. To, achieve an acoustically-effective barrier, it must be made air-tight,' i.e., without cracks. gaps, or other openings and must provide for long-tcnn durability. The barriers can be constIUctcd of wood, concrete, stUCco, masonry, earth berm, or a combination thereof, arid must have a minimum surface weight of 4.0 poW1ds per square foot (lbs. per sq. ft.) 'for baniers 10 feet tall and taller, and 2.5 Ibs. per sq. ft. for barriers under 10 feet tall. If wood fenc~g is used, homogenous sheet materials are preferable to conventional wood fencing as the latter has --_.._.-..~--' - ._.~-;:.-~.., ~u_.... PrcJj~in.a1Y Negative Deel'" Los Arroyos PUD , 6 . 5/27/98 a tendency to waxp and fonD openings with ap. However, high quality. m~tigbt. tongue-md- groove, shiplap, or board and batten constJuCtion can be used, provided the minimum surface weight requirement is met aDd the construction is air tight. The noise control burlers must be construCted 10 tba1 all joints, including connectionS with posts, pilasterB or tPe building shells are sealed air-tight ancl no openings are permitted between the upper barrier components and the ground. Gates may be incorporated into the side yard barriers. however, they must meet the surface weight requirements deScribed above, and must fit tight when in the closed position~ The gap under a gatc'shall be no more than an inch. Altemarive soundwall designs may be acceptable, but arc subject to the review and approval of the Community Development Department. ' 11. Maintain closed. at all times all windows on the second floor and unshielded first floor living spaces within 265 feet of the centerline of Santa Teresa Boulevard and with a direct or side view of the roac:iway. At spaces within 90 feet of the centerline of the road, install windows rated minimum Sound Tnmsmission Class (STC) 35. At spaces between 90 feet and 167 feet ofthc centerline of the road, install windows rated minimmn STC 30. At spaces betWeen 167 feet and,265 feet of the centerline of the road, install windows rated minimum STC 26. provide some type of mechanical ventilation. 12. The windows specified to be maintained closed are to be operable, as the requirement docs not imply a "fIXed" condition. All other windows of the development, includ~g bathroom windows, may have any type of glass with the exception of bathroom windows that are an integral part of a living space and not separat~ by a closable cloor, such as those common in master bedroom suites. 13. When Windows are maintained closed for noise control. some type of mechanical ventilation to assure a habital?le environment should be provided. The mechanical ventilation requirements are specified by the Uniform Building Code (UBC). 14. In addition to the required STC ratinis, the windows and doors shall be installed in an acoustically-effective mannc'C. To achieve an acoustically-cffective window construction, tbe slidmg window panels must form an air-tight seal to the outside environment when in the closed positioD and the window and door frames must be caulked to the wall openings around their entire perimeter with a non-hardening' caulking compound to prevent sound infiltration. 15. Due to the possibility that signific::ant buried cultural resourccs might be found during constrUCtion, the following languaee sball be included in any permits issued for the project site, including, but Dot limited to building pcnnits for the future development. pursuant to the review and approval of the Gilroy Planning Division: , --....--- ,-..... .... --~.. ..... u..o ppiilJlinll)' Negative Dec. Los Arroyos PUD . , 7 . 5/27198 "If archaeological resoUrccs or hum~n,rcmains are discovered during constrUCtion, work shall be halted at a minilT'lUD1 of200 feet tram the find UDlil it can be evalU8!ed by a qualified professional archaeologist. If the fiDd is dctc:rminecl to be siJDificant, appropriate mitigation measures shall be formulated and implemented." ' . ,Date Prepared: May 27. 1998 End of Review Period: June 22,'1998 Date Approved By City Council: William FlUS PlanDing Services Manager ~u~, Los A os Plp.1i Unit D t Irritild Stvtl Los Arroyos PliUU\ed Unit Developmel\t, Mitigation Monitoring Checklist Prior to issuance of a Building Permit, the following mitigation measures shall be implemented: Mitiptian Musun Natun of Mitigation ' "'~1::r party NlIIIlHr "'pemsi}'l. a.: Project Imp . 011 far Phase Monitoring -c- 1 A soils investigation $hall be prepared for the p~ by a Dewloper Gihoy qua1UWd soDs~. The recammenclariarlS 0 the sou. Building Prlorto inv.tigatian she be ~ted into the final building Division each phillie ~ans end shall be review. and approved by ~ Q1flilY ., I- \trin..nnJl; Division Drior to iuuanc:e of . bW1 ' t. :z The design and cONtNc;tion of all storm dr.in811! l)e,teloper GUroy improvelNlr\w serving .U ph.... of theO:"ect s te shall be ~g Prior to ~ared in acconianc:e W1th the Santa County Water lV15lQn each phue strict stanciatds and proYided by the~t, s~ to review md Approval bktM Iry . Di ion. the Santa Clara VeUey ate!' District, and thi U.s. Natural Resource ConIervJItion Service. Thee design plans shall include, but not be limited to: , II. Applicable storm water sourc:e and tratment-buecl best managemen:srac::tic~.~ffCu.d and maintained, lIS rec:orrii:nmd in the mi. Storm Water Best Mana~t Practice Handbook; b. ProviaioM for Cc: sweepinl for roadways, drivaoways, an parldn& areas on th~ect site; c. A design to reflect the 'ty's Stann ater Master Pan; d. Pllved areas shall be designed to minimize drainale that is c:h&meled to one loc:atian. Pathway paving sha be Pl.t to a mwuu,un and shall be porous in nature, w rnever teuible; e. Drainage facilities shall be d: and iNtaUed to collect and trlI~C1rt the natura flows away from the streets and bull ings and. into approved c:lr&irI&r sauc:tures; and, f. Site Eracliiur shall not cause drain.- into the creek. EMC PllJ7lJling Gro'U"p Inc. MMP.3 EXaIBIT "e" .. am '. Itl;j .... () III Miti no" ManittJf'ilr. Lo. A II. PIII.....4 Uftit D..I t hliti.l Stull 3 App!->, for and obtain a GtmmJl Pmmt for SImm Willer D.velopc , Gilroy Diiclitlrgn ~ with Canstruction Activity ,for the entire En' . Prior to ~ec:t Site, by 'ubmittinf a co:,;lete:l Noticw of Intent farm ~ Pha5e I far aPf~riate p.~ to the bI~ Water ReIo\U'l28 all phua Contro BOard ~or ID the ialUaru:e of . building=t. Further. aM developt!' shalJ be f:?t.ruiNd tD coznp Y with the terms of tNs permit duri~ and a constn.u:tion of the project. The!ie t.rms inc:1 e, bur aI'l! not limited to. the use of water quality controls (i.e., 'hit Manaprrwlt Prac:tiClaS) both during and a~r construction. for -.ample: a. O..isn ;project to focus on ~ dirtctlr eonnKwd lm~oWi surfaces to provide for Il~ing 0 storm ' watwr fioWtl and increaSing recharge potential. b. Stabllizinf denuded areas prior te the wet season (October through May 1); c. Umiting construction .c:eas routes and stabilizing ace.. ;oints; . d. rotecti.ng adjacenr properties with sediment barriers, cliltes, or mwi::hing; e. Using proper CONtnJ.ction material and c:onstnlctlon waste storage, handling, and ~I practiCll\!li; f. Protec:ti.~ outdoor storage rnatUials ffom drainage with berma roof c:cwers; g. t15i11J a~rop'riafe landKap! controls (in'iption and h. application of fertilizers. herbidcies, and pestidcles); and, IiuitaUing stn&c:turalatarm water tnllUINlnt eontrols .w:n a. wet ponels. swales, VlIptated 6.ltc stripti. extenc:ied detentlOl1 basiN, and sand fUteES. . , , 4 The follOWinfi contral me.sures shall be incorporatacl into any Developer Gilroy permits for a phases of the project: En~ Prior to wiDn each phue a. Water all active construction areas at least twice dally. b. Cover all truc:1cs haWing soil, JU\d. and other loose materials or require all tnlw to IMintain at least two feet of heebaard. Co Pave, a"/y water three times daily, or ap'ply (non-toxic) soil sta jzers on all u.npa"ed, ac:ceu roaas, parking al'8l' and stat~ area' at c:cmstructio1\ sita. d. Sweep . y (with water 5WftPas) all paved al:Ct!Sl roadS, parking anas and staging areas at CONItruction sim. e. Sweep streets daily (with water sweXr5) if visible soU material is carried onte adjacent pub Ie streets. t, HydrCSftd or IIppl& (l1on-toYiC) SoilstabilinlS to inactive co~truc:ticn areas previously graded ueas inactive for ten days or more). , g. Enclose. cover. water twice d~ apply (non-tom) soil , h. binders to exposed stockpiles ( , , sand. etl:.) Limit traffic speeds on unpavecl road. to 15 mph. i. ltlItall sandbags or other erosion control mea$ure5 to Krevent silt runoff to public roacl",ays. j. epJant vRgetation in d.ish.l.rbfcl. areas as quiclcly as y,;aible. ' k. tall wheel washers for aU existing trucks. or wun off the tires or tracks of all ft'Ur:P and equipment loving the site. 1. Install wind brtHlU, or lWlt tras/vwgetative wind breaks at windward 51 e(') of CONlt:rw:tion aras. m. Suspend exc.vation and grading activity when winds (instantaneous gusts) oCMd 2S mullS per hour. n. Limit the area subject to eseavaticn, Ifading and other c:onstrudiOI1 actiVltv at anv one time, . {II ill iii III . III ~ II .. MMP-4 EMC Pl....ing'G1'ovp lru:. _......_~-..-,_...~ - "'" U",ll Lo.A os Pltmnetl Unit mmt l'll'itW S Mi' 5 ~. :1t:ding piarl, far all ptw., that shall induct., but 0e01el0pc Gilroy not Ii ted to, ~tiON ~~ that r\Q rnatvials or ~I Prior to ma~W be iUowed within the bOUndaries of an. Santa Clara V Watllr District facilities. This would include any each phase ~8 and/or fill material or pding and/or canstNction vehiclli5, ete. The plan shall be INbject to ~ew aNi ~p'roval ~ the City Enginftring Divi>>ioft ancl the Santa, C1ata au.y atilt DiStrict, prior to approval of the final map. Monitelnng shall take place dUring =1 and coN!nKtion activitiea and shall De~eCl yeiti\er the City Engineerinl Divilion or Santi! Clan Vall Water District. 6 Contact the U.s. Army Corps of ~yjco~) md o.velaper En q1lroy. Re~ional Water Quality CoItttal Board (It QC) at the ~ng Prior tel ear i8St ~le .tage of planning aU fchases to detarmine if won each phase the nature of the f'~d worle wou d require alXrm1t under the provwoN of ann Water Act section . If consultation with tM Ca~s and llWQCB determinee that a Cn:nit ia naces5~t ~qWren\ents may include, but not limited to, the ing actions to be completed prior to islluanc:e of. building pen7:\it. ' . Delineate the amount of wetlands to be ftlled during construction actlvl tillS; . Obtain a water ~1l~ certification or waiver from the Regional Watrtr uahty Control Board; and Apply. for Corpl pemut or notiiy the COrpl prior to fill ac:tlVltiel. 7 The projlJ(t dllVeloper shall CDmple~'the folle-ing taslcs: o.ve1opcr Gilro p~ OJ,,g Prior to . Submit a Lu\dsc:ape Plan. for review and approval by the V1S&Oft each phase PlaMirlg Divil.ion. indicatit.lg the location. size and .~ of uisting trHlI (oaki, elms, and any other native trees) found em within fhe tentative map boundaries. Indkate which treu are p1amled for removal. The City shall determine which trees, if any. are "5i~cant... If the CUy determines that sigNficant trft5 wi be ~etained, ~ Landscape Plan shaU. indicate which trees are to be retaiMci, During const:ruct1on of the ~ropOMd project. the fcll= masW'ef will occur: igNfic:ant treu shall be prior to ~ding activiti8S, to prevent root damage. The f~ sha . at miz\imWZl, coruann to the dripUrie of the tree. radius of one to 1.5 feet per inch diameter is desirable.. and, 2) Constnlc:tion vehiClllli shall be routed around the ciripline of the tree. If this is not feuible, then the projec:t devel:r.er shall hire . certified arborist to IJrepare a mitiption p an for revisw and a reval b \'he 1. ' DiviSIon 8 The following langua~ ,hall be inc:luded on .flY ~tts Developer Gilroy issued for IU p'hallell 0 thlil pro;ec:t site. inc:luding. t not' Building Prior to limited to, bwldinl permits for the future development. "All Division each pha e noiseJJeneta1:irlg construction activities shall be limited to wee aY' betwftn 1 AM and 7 PM. to Saturdays and City holida}'5 between 9 AM and 7 PM. No C011$truction is allowec1 on Samda S:' I I I I I I J J J I I I I I I EMC PltlMUlg G1'oll1' Inc. I MMP-S ___k__.._.... _ ...._........, Mitiptitm MonitarillK .Pro. , Los Artoyos Plllllu4 u..e-lornnnrr britild Stwly 9 Submit dllli~ lor review and approval of a U-foot high. Dwelopet Gilroy acouatiatlly-effec:tive barrier a~ the p~ Planning Prior to ecmtiguOUl with Santa Teresa 1lYar'd. . it to 40 Division Phue I feet wide may occur In the barrier when! thIi pmject 5 te cul- de-ACS abuts Santa Teresa Bouhrvard. To COIltrol flanking aQM. the 12-loot high barrier m~t ' c:ontinue a1a~ thti north and south ~eny lines Cot\Ciguous with the No Morey Channel and the uth McnyCMnneL These flmU:irig barriers must be d..ignecI as follows: U fMt high for 15 &it. at 11 feet high for 10 ~t, at 10 ~t high for 9 feet. at 9 feet high for 12 feet, at 8 feet high for 16 feet. at,' feet high for 17 feet and 6 Net hilr. for ISO fHt. This flanking barrier extends a total of 22 feet along !'he north and south , property lines of the projeet sit.. Alternative sound wall d.i~ may be acceptable subject to review and approval by the ommunity DiveJopment DePartment. 10 Submit d..ign far review and approval. The main barrier Developer Ci~t~ may be contInuous or it may contain o~ at the cuki... VlS10ft Prior to sacs. Wltl\ either. the re~uiNd wall height remains at U-fCIot Phase I in height. If the wall is esigned with ~gs . the followinglide yard barriers will be required: . For Phlae 1. . noiM barrier designed with fence =np at the c:ul-d~c: loeaoons. the p~ developer install acoLlStic:aJly-effed1ve six feet hie lide Ylfd fence 10 CDMec:t the sicles of the first row of omes along Sat&ta Teresa Bowevard with the main noise barrier. Thise sid. r::: barriers are desi8ftad to prevent noJae that tranamitl ugh the c:ukie-sac ~en~ from enterinS the sides of the yards. Ga_ may: e in uded in the barriers. The barrier hei~ts are in reference to the nearest bwlding pad elevation. To acllieve an lcoustically-effective barrier. it must be trlAde air-tight, i.e.. without aaw, gaps, or other openings aNi must provide for ~.r.rm durability. 'The bamerll can be constructed of Vi( . concrete. stucc:o, masonry, earth berm. or a combination thereof and must have a minim'WTI surface weight of 4.0 ~ounds per square foot (lbs. per~. ft.) for barrier 10 feet t&lI and taller. Uu:I 2.5 Ibs. per sq. t. for barrier under 10 feet tall. ]f wood fencing is used. homogen.ous sheet materiab are preferable to conventional wood fencing as the latter he a tendency to warp and form ~enings with age. However, high jual1tY.. air-tight. tongue-and.~v.. Shipla/-. or bOa and batten c:cmstruction can . used. provi ad the minimum surface weight requirement is met and the c:onslnlc:tion is air. tight. The noise control barriers must be c:cmstructed so that all ~ints. iru::.luding connections with posts. pilastel'S or the uUding shell5 are sealad air-tight and no op8ft.inp are permitted between the upper barrier co~o~ts and the Cund. Gates may be incorporated into e side yard arriers, howwer, th3 mUllt meet the surfa~ weigh requirement desaib above and must .fit tight wnen in the closed position. The gap under a gate snaIl be no more than one inch. Alternative 50Und wall dut may be .~tJlble subject to review and approval by e Community Development i DeDartment. .,. MMP-6 EMC PUllming a,QIIp Inc. '6llIU~U I t 'I I ....... . . I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No, 98-44 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 8th day of September, 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 23rd day of September, 1998, ,~~i2u~. City Clerk of the City of Gilroy (Seal)