Resolution 1998-44
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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.
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RESOLUTION NO, 98-44
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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,
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RESOLUTION NO, 98-44
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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
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ATTEST:
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ctl'/~~,-e!-~~<,-~c
Rhonda Pellin, City Clerk
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RESOLUTION NO, 98-44
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Community Development Department
Planning Division
Staff Report
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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"
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TM 98-05 - Revised Staff Report
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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.
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TM 98-05 - Revised Staff Report
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7/22/98
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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.
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TM 98-05 - Revised Staff Report
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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-
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TM 98-05 - Revised Staff Report
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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.
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TM 98-05 - Revised Staff Report
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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.
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TM 98-05 - Revised Staff Report
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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.
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TM 98-05 - Revised Staff Report
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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
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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
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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. ,
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~J';minmy Negative Declare
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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.
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. 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
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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: ,
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"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.
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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,
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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:'
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Mitiptitm MonitarillK .Pro.
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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. .,.
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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)