Resolution 1998-51
.
.
RESOLUTION NO. 98-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 98-07, A TENTATIVE MAP WITH 47
RESIDENTIAL LOTS ON APPROXIMATELY 8.97 ACRES
LOCATED WEST OF KERN AVENUE, BETWEEN MANTELL!
DRIVE AND T ATOM AVENUE, APN 790-04-037, 038
WHEREAS, South County Housing ("Applicant") submitted TM 98-07, requesting
Tentative Map approval to subdivide an 8.97 acre parcel into 47 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 1,
1998, at which it considered this project and voted to recommend approval of TM 98-07 to the City
Council; and
WHEREAS, the City Council held a duly noticed public hearing on July 20, 1998, at
which time the City Council considered the public testimony, the Staff Report dated June 26, 1998, a
memorandum to the City Administrator dated July 15, 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.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds as follows:
1. The portion of this project that is exempt from the Residential Development
\KHM\418330.01
83-072404706002
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RESOLUTION NO. 98-51
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.
Ordinance is consistent with the exemption granted to the developer by the City
Council.
2. The project is consistent with the intent of the goals and policies of the City's
General Plan.
3. The project is consistent with the Zoning Ordinance and the City's Subdivision and
Land Development Code.
4. There are no facts to support findings requiring denial of the proposed tentative
map pursuant to California Government Code section 66474.
5. There is no substantial evidence that the project as mitigated may have a significant
effect on the environment.
B. TM 98-07 should be and hereby is approved, subject to the twenty-eight (28)
conditions identified in the memorandum to the City Administrator dated July 15, 1998,
attached hereto as Exhibit A, 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, however, that this approval is null and void unless and until the zoning ordinance
approving zone change Z98-05 becomes effective..
PASSED AND ADOPTED this 8th day of September, 1998, by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, MORALES, ROWLISON,
SPRINGER, SUDOL, GILROY
COUNCILMEMBERS: GIFFORD
NOES:
ABSENT: COUNCILMEMBERS: NONE
APPROVED: ~ ~
\(~ ~ I~~~ . ~~
K.A. Mike Gilroy, Mayor ,
d......... .....J
ATTEST:___ .0 J/ .." / 0/:.
~ , - :;/}i.dA):f~~(-,L
Rhonda Pelliri, Ci~ Clerk
\KHM\41833001
83.072404706002
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RESOLUTION NO. 98-51
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CODlDlunity Development DepartDlent
Planning Division
July 15, 1998
TO: City Administrator
FROM: Melissa Durkin, Planner II .J..A.A~
SUBJECT: Amendment of Conditions for the South County Housing Tentative Map (TM 98-07)
The City Attorney has recommended combining TM 98-07 conditions of approval numbers 22 and 26.
This conditions currently read as follows:
22. The developer shall sign an agreement with the Gilroy Unified School District, agreeing to
mitigate the impacts of this development on Gilroy schools, subject to review and approval by the
G.US.D.
26. This project shall be subject to the conditions of approval for the approved Affordable Housing
Exemptionfrom the RDO (M 98-06). The Final Mapfor this project shall not be approved until
the resolution for M 98-06 is finally approved by the City Council. This shall be subject to the
review and approval of the Planning Division.
The proposed new condition would state:
This project shall be subject to the conditions of approval for the approved Affordable Housing
Exemptionfrom the RDO (M 98-06). As part of this approval, the developer shall sign an agreement
with the Gilroy Unified School District, agreeing to mitigate the impacts of this development on Gilroy
schools, subject to review and approval by the G. USD. The Final Map for this project shall not be
approved until the resolution for M 98-06 is finally approved by the City Council. This shall be subject
to the review and approval of the Planning Division.
Therefore, the following conditions of approval are recommended to be applied to this project:
I. Mitigation Measures 1 through 15 contained within the Negative Declaration for this project shall
be applied to the approval ofthe 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.
EXHIBIT "A"
.
TM 98-07 Conditions of Approval
-.
7/15/98
2
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. 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.
11. The developer shall negotiate rights-of-way with Pacific Gas and Electric aIJ-d other utilities,
subject to review and approval by the Engineering Division and the utility companies.
12. 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.
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TM 98-07 Conditions of Approval
.
3
7/15/98
13. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa
Clara Valley Water District (SCVWD).
14.. An encroachment permit will be required from the SCVWD for the outlet structures and locations,
subject to review and approval by the SCVWD.
15. 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.
16. Site grading should be done such that there is no overbank drainage into the creek, subject to
review and approval by the SCVWD.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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."
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TM 98-07 Conditions of Approval
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4
7/15/98
24. The applicant will be required to obtain the necessary right-of-way along the western side of Kern
Avenue from Mantelli Drive to the northern boundary ofthe project site, subject to the review and
approval of the Engineering Division. The developer shall pay all the costs of any land purchase
for the ultimate right of way and easements. The developer shall, within 21 days after the City
Council approval of the Tentative Map, deposit the estimated cost of all condemnation expenses
with the City of Gilroy's Community Development Department. All costs of the condemnation
procedure shall be paid by the developer. All easements and rights-of-ways must be dedicated
and/or deeded to the City of Gilroy before Final Map approval.
25. This project shall be subject to the conditions of approval for the approved Affordable Housing
Exemption from the RDO (M 98-06). As part of this approval, the developer shall sign an
agreement with the Gilroy Unified School District, agreeing to mitigate the impacts of this
development on Gilroy schools, subject to review and approval by the G.D.S.D. The Final Map
for this project shall not be approved until the resolution for M 98-06 is finally approved by the
City Council. This shall be subject to the review and approval of the Planning Division.
26. The applicant shall be required to enter into negotiations with the City to determine the location,
size, and development of the. proposed City park, subject to the review and approval of the
Community Services Department.
27. The applicant shall notify the purchaser of lot 9 that the Santa Clara Valley Water District channel
may be developed with a bike and jogging path.
28. Construction of the proposed pedestrian bridge shall be subject to the review and approval of the
Santa Clara Valley Water District, and the City Engineering Division. The developer shall
establish a funding mechanism for the maintenance of the bridge.
. COIIl1I1Umty ~velopment D~ent
Planning Division
NEGATIVE
DECLARATION
City of Gilroy
7351 RoUDna St.
Gilroy, CA 95020
(408) 848~0
City File NUDilier: M 98-06
!mj.el'!t Dp!IlL!riptiDn:
Name of Project:
Nat'LU"o 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 .
~c:a1iDD:
Location:
Property located East of Santa Teresa Boulevard, West ofKem Avenue. North of
Mantelli Drive, and South of LonamcadOw Drive
. Assessor1s Parcel. Numbers: 790-04-037.038,057,059,062
EDtily 0" P~r!llnn(s) nndpl'1'S11Id.,~ 'PrQjpd:
Name:
Address:
South County Housing
7455 Cannel Street
Gilroy; CA 95020
and Glen Lama Group
7888 Wren Ave. Suite D.143
Gilroy, CA 9'5020
JnitiSlll Stud.y:
An Initial stUdy of this projec:t was undertaken and prepared for the purpose of 8SCcrtl!linmg whether' .
this project might have a significant effect on the environment. A copy of this study is on file at the
City of Gilroy Planning Department, 7351 Rosamla Street, Gilroy, CA 95020.
..
EXHIBIT ~B"
prc1im;"~ Negative Dee'"
Los AIroyos PUD
2
. ~ 5/27/98
Finfli...z,c &. 'R_cnn!l:
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The Initial Study identified pot=tially significant effects on the environmmt. However, this project
has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to . point
where no significant effects will occur. There is no substantial evidence the PIQject may have a
significant effect on the en~nment The followinJ rc&SOns will supp~ 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 are proposed to be mitigated. tbro~ preparation of special studies,
and colistrUCtion 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' staff, and this Negative Declaration
reflects the independent judgement of the City of Gilroy.
Mitig"tinn. MeAllures:
1. . A soils investigation shall be prepared for the project 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.ofthe 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 Divisio~ the Santa C~ Valley Water District, and the U.S. Natural Resources
Conservation SC!"ice. These design plans shall include, but not be limited to:
a. Applicable storm water source and treatment-based best management practices, applied
and mamhl1"ed. as recommended in the California Stonn Wa1I::r Best Management Practice
. Handbook;
b. Provisions for periodic sweeping for roadways, driveways, and parking areas on the project
site;
c. .A design to retlcc:t the CitYs Storm Water Master Plan;
d. Paved ireas shall be designed to minimize drainage that is channeled to one location.
Pathway paving shall be kept to a minimum, and sball be porous in nature. wherever
feasible; ...
e. Drainage facilities shall be dcsigried and installed to collect and transport the natural flows
away from the s1rccts and buildings and into approved drainage structures; and
prcHtnmswy Negative Dec~
Los Arroyos PUD
3
...
5/27/98
f. Site grading shall not cause c1raiDage into the creek.
3. Apply for .and obtain a GenI!1'Ql Pennlt for Storm Watel'DtscJuuges A$3ocitlted with
conatructioll Activity. for the entire project s~, by submitting a completed Notice of Intent
form and a'ppropriate payment to the State Water Resources Control Boarcl prior to the
issuance of a bu;lding permit. Further, the developer shall be required to comply with th~
termS' of this permit during imd after construetion of the project.' These terms include, but are
not limited to, theme of water quality controls (i.e., BesiMinagement Practices) both durUig
and after construction, for eXample: .
aJ "Design project to focus on minimi,,;ng directly CODllected impervious surfaces to provide
for slowing of storm water flows and increasing recharge potential
b. Stabilizing denuded areas prior to the wet season (October 1 through May 1);
c.' Liiniting construction access routes and stabilizing access points;
d. Protccting adjacent properties with sediment bmiers, dikes, or mulching;
e. Using proper constnu:tion 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 (irrigation and application of fertilizers, herbicides, .
and pesticides); end,
'. h. ,Installing muctura1 staIm 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 pennits issued for all phases of
the project: .
A: Water all active constrw::tion areas at least twice daily. .
B. Cover all trucks hauling soil, sand, and other loose materials or require all tru.cks to
maintain at least tWo feet of freeboard. .
C: Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved
. access roads, parldng areas and staging m:eas' at construction sites.
D. Sweep daily (with WBEer sweepers) all paved access roads, 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 construction 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 OD unpaved roads to 15 mph.
I. Install sandbags or other erosion controfmeasures ~ prevent silt runoff to public roadways.
J. Replant vegetation in disturbed areas as quickly as possible. .
Prelimmawy Negative Decmre
Los Arroyos PUD
'4
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5/27/98
k. Install wbeel washers 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 tteeslvegetalive wind breaks at windward side(s) of
construction areas.
m. Suspend excavation and grading adivitywben winds '(instantaneous gusts) exceed 2S miles
per hour. , . .
n. Limit the area subject to excavation, grading, and other coDstruction activity at anyone
time.
5. Prepare a grading plan for all phases, that shall include, but not be limited to. specifications
requiring that no materials or m~hmeIy will be allowed within the boundaries of the Santa
Clara Vallcy Water Dis1rict facilities. This would include any grading, andlor fill material or .
grading, andlor construction vehicles, etc. The plaD sbal1 be subject to review and approval
by the City Engineering Division and the Santa Clata Valley Watl:r District, prior to approval
of the final map. Monitoring sluUl take place during grading and construction activities and
shall be performed by either the City Engineering Division or the Santa Clara Valley Water
District.
Work which takes place within waters of the Unitccl 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). Wates of the United states generally include tidal waters, lakes, ponds, rivers; ~am.s,
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 contact the U.S. Army Corps ofEngincers (CORPS) and Regional
.Water Quality Control Board (RWQCB) at the earliest possible stage of planning all phases
to determine if the nature of the proposed work would ~uire a pcnnit under the provisions
of Clem Water Act Section 404. If consultation with the Corps and R WQCB detennines that
a p~it is necessary, permit requirements may include. but not be limited to, the following
actions to be completed prior to issuance of a builc1ing .permit.
. Delineate the amount of wetlands to be filled during construction activities;
. Obtain a water quality certification or waiver from the :Regional Water Quality Control
. Board; and
. Apply for Corps permit or notify the Corps prior to fill activities.
, 7. Prior to issuance of a building pennit 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
location, size, and species of exiSting trees (oaks, elms. and any other native trees) found
within the Tentative Map boundaries. Indicate which treeS are planned for removal.
~limi"my Negative Dectara4t
Los Arroyos PtJD' .
5
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5/27/98
. The City sball determine which tr=s, ifany, are "sigDmcanl~ .If~ City detenDmes that
significant treeS will be ~1"ed. the landsCllpe plan shall indicate which trees are to be
rctBincd. During CODStruCticm of the poposed proj~ the ~llowing measures y.i11 occur:
1) Significant trccs shaI1 be fenced prior to. grading ~vitics to prevent root damage. The
fem:ing shalL at minimum. 'conform to the dripline of ~e ~ A radius of one to 1.5 feet
per inch diameter is desirable; ~ 2) Construction vehicles shall be routed around the
dripline of the ~. . .
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. ~e 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 Sarurdays
and City boliday,s 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-effcc:tive barrier
along the property lme 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 1 S feet, at 11 feet high for 10
feet, at 10 feet high for 9 feet, at 9 feet. high for 12' feet. at 8 feet high for 16 feet. at 7 feet high
for 17 ~ and 6 feet high for 1S0 feet. This flanking barrier extends a total of229 feet along
the nonh and south property lines of the. project site.
Alternative soundwall designs may be acceptable. but are subject to the review and approval
of the Community Development Department. . .
io. : For Phase I. a noise baurier;dcsiened. 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 barriers arc designed to prevent noise that transmits through cui-dc-sac
ope:nings from entering the sides of yards. Gates may be included in the barriers. The barrier
heights arc in reference to the nearest building pad elevation.
To achieve an acoustically-effective barrier, it must be made air~tigh~ i.e., without cracks.
gaps, or other openings and must provide for long-tc:rm durability. The barriers can be
constIUctcd of wood, concrete, stUCco, masonry, earth berm, or a combination thereof, and
must have a minimum smface weight of 4.0"pounds per square foot (lbs. per sq. ft.)"for barriers
10 feet tall and taller, and 2.5 lbs. per sq. ft. for barriers under 10 feet tall. If wood fenc~g is
us~ homogenous sheet materials are preferable to conventional wood fencing as the latter has
PreliY!'mary Negative Deel1
Los Arroyos PUD
6
.
5/27/98
a tendency towup md fonD openings with age. However, high quality, air~tight, tongue-and-
groove, shiplap, or boanl and batteD coDStruCtion can be used, provided the minimum surface
weight requimnent is met md the construction is air tight.
The noise control burlen must be construeteci so that all joints, including connections' with
posts, pilasten or tPe building shells are sealed air-tight and no openings are permitted between
the upper barrier components and the ground. Gates may be incorporated into the side yare!
banicrs, however, they must l11eet the surface weight requirements deScribed above, and must
fit tight when in the closed positio~ The gap under a gate shall be no more than an inch.
Almnarive 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 unshieldcd first floor living
spaces within 265 feet of the centerline of Santa Teresa Boulevard and with a direct or side
view of the roadway. At spaces within 90 feet of the centerline of the road, install windows
rated minimum Sound Transmission Class (STC) 35. At spaces between 90 feet and 167 feet
of the centerline of the road, install windows rated minimum 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 arc to be operable. as the requirement docs not
imply a "fixed" condition. All other windows of the development, including 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 scparat~ by a closable door. 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 ratinSS, the. windows and doors shall be installed in an
acoustically-effective manner. To achieve an acoustically-effective window construCtiOn,. the
slic:fuig window panels must form an air-tight seal to the outside environment when in the
clotlcd position and the window and door fi:ames must be caulked to the wall openings around
their. entire pcriInc:ter with a non-hardening Caulking compound to prevent sound infiltration.
15. Due to the possibility that signifi~ant buried cultural. resources might be found during
constrUCtion, the following language shall be included in any permits issued for the project site.
including. but not limited to building permits for the future development, pursuant to the
review and approval of the Gilroy Planning Division: .
ppl,m;nSll)' Negative Dec~
Los Arroyos PUD . . .,
7
5/27/98
.
"If archaeological resoUrccs or h1DJlan.~Ril\..lll are discovered during const:rudion, work shall be
halted at a minimum of200 feet from the find unli1 it can be evaluated by a qualified professional
archaeologist. If the. find. is determined to be sigrlinr-ant, appropriate mitiption measwa shall be
formulated and implemented. It . .
,Date Prep8red: May 27. 1998
End ofRcview Period: June 22, 1998
Date Approved By City Council:
William Faus
Planning Services Manager
...
Los Arrayos PI.",."" Unit D~t IJlliti4l Stutiy
MitigIIF~"g PrGgrfDft
Los ArroyoI Plumed Unit Developme1lt. .
Mitigation Monitoring Checldist
Prior to issuance of a Building Pennit, the following mitigation measures shall be
implemented:
Mitiptian
Musue Nahan of Mitigation . ...rb1te for party
N1UI\bcr a-~iltl.
Ie I'rctject Imp tatiOll far
Phuc MallitariDg
1 A soils investigation mall be prepared for the p~ec:t by a Developer B~~
qu.al.ifiecllOils~. The re:aaUlumclati.cmS 0 the soils OJ . . g
Prior to investigation sha be inc:r::ted. into the final building VISIOn
each phase ~Ians Uui shall be reviewe and approved by ~ilroy
- ~nJdn..nnJl: Division prior to Iswance of . bUi1' : ,,<<mil.
2 The design and c:oNtruc:rion of all storm drainage Developer GUroy
impfOVes:ncntl serving aU phasa of tne~:sect site shall be ~ng
Prior to t:bared in accordance WIth the Santa County Watl!r lvwon
each phue irict standatds and provided by the~,
s . to review and a roval the .'
~on. the Santa oJ! ValleY ~atl!r ~trict, and 1M U.s.
Natural R8sow'Ca Con.HrV1lDon Service. These design pIaN
shall u-dude, but net be limited to:
a. . Applicable storm water source andtratmm~buecll:lest
manapmcm:x:c:tic:~1ied and maintained, as
recolNM!ld in the mi. Storm Was Bat
b. MIlUl~t Practice Handbook; .
ProvisioN for CC: sweeping for roadways,
driv...,ays, an parkin&-hU on thw::ec:t site;
c. A design to reflect the 'ty's Stonn Iter Master Pan;
d. Paved are.. shall be designed to mil'limize drain.~e that
is c:haMeleci to one lac:aticm. Pathway paving SM be
ke~w:n and $hall be porous in naNft,
w fusible;
8. Drainage facilities shall bit d: and iNtalled to
collect and ~ort the natura flows a~y from tile
stnets and b . inp and into appIOYed c:lraiNS-
strUCtures; and,
f. Site lUadirul: shall not ause draln.n into the c;re9.
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MMP-3
we PIlJ7lning Group Int:.
EXnIBIT lie"
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3 Apply for and obtain a Gcnmzl Pmnil frrr SImm W.ttrr o.v.lopcr . GUroy
omeliA"., AsmdtUtd rDith CmutrudUm Activity ,for the entire En~
Prior to ~ect SiN, by Submittinf a co:11etecl Notice of Intent farm wicm
Phase I for aPf!OPriale p.ymc.t to the blUR Wa.. Raourc:a
an phases Centro BOard pnar ID the iasuanee of . builcling=t.
Further. the ciltY~ Iha1l be = to camp Y with the
termS of this permit d~ and a constNdion of the
project. TheM tums incl e, but are not limited to. the use of
wa- ~ty controls (Le.. kst Mmagmwnt PBdic:es) both
during and after conat:ruetion. for example:
.. Design J'rojed to foc:uI on ~ diftctll connectlld
lm~oua surface to prcwicle far 11~ 0 storm
. watwr nows and itIcreaStng recharge potentiaL
b. StabUi%inf denuded areas prior tD the wet season
(Oetcber through May 1);
c. ~ting construction ac:ce:ss routes and stabillzirlg accas
JOints: .
d. rotecti.ng adjacent properties with sediment barriers,
diPs, or muli:Nng:
.. Using proper CQNtruction material and eonstnaction
wute storage, harulling, md dispClllal practica;
f. Pro~ outdoor stange mataiials &om drainage with
ben:N racf cowrs;
g. U5in,g a~rop'riate landscape controls (irriptiot\ and
h. application of fertiUz.rs. hirbidcies, and pistiddes); and,
Iiuitalllng stnactural.tann water trntlflent cm\trols .uch
as wet ponds, swalas, veptated filter stripa. extended
detention basil'll, and IlIri"cl fUten. .
4 The fol1owitlfi control measures shall be inc:orporat.d into any Developer Gilroy
p8nmt5 for a phaMS of the project: En' .
Prior to ~
each phase L Water allac:tive amstruction areas at least twice daily.
b. Cover all trucks hauling soil, SUld. and other loose
materials or require all trucks to Ul&intain at least two fMt
of f1oeeboard.
c:. Pave, al8:1y water three times daily, or ap'ply (non-toxic)
soil Ita j,ze!$ on aU unp."ed acceu roaas, parking ateaS
anci stat~ areaJ at amstrudion sites.
d. Sweep . Y (with water sweepers) all paved accat
roadS, parkiJ'lg uwas and staging areas at constructian
,ital.
e. Sweep :5trftts ciaUy (with Wlltu sw:ifcetS) if visible soil
f. matwtial is carried ontD adjacent pub Ie streets.
HydrQ5eed or lIppl~ (non-toW:) SoU stabilizlln to inactive
construction areas previoWlly graded areas inactive for
ten days Of more). .
g. E.ndoSe. cover. w._ twiCl! d4h en' apply (nan-toxic) soil
h. bincierJ to expaMci stockpIles ( irt, sand, etc.) .
Limit traffic: sp.-d.s OZ'\ unpaved roads tD 15 "'ph.
i. 1%\Sta11 AlIdbap en' other 8J'Cl5ion eontrol me.urea tD
filWVeJ\t silt runoff to publlc roadway',
j. ep1a.nt vegetation in disturiMtd areas as quickly as
. 'Ollaible. .
~. lnstlU wheel washers for aU uistingtrUCKs, en' wash off
the tires or tracks of all tnacks and equipment Laving the
site.
1- lPstaU wind breaks, or l.1Ant trees/vegetau"e wind
bna" at windward 5i tt{s) of CQNtrW:tion areas.
al. Suspend exc:a".tion and grading activity when witlcis
(instantalleOU$lustI) nc:..d 2S miles ~ hour.
n. Umit the am ~ect to ucavation. grading and other
construction .ctiVltv at anv one time.
". P'tlJlMG Uftit DeD'"
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hlitilll StIuI
EMC Pltlrmmg'Grovp IRe.
LOll
s ~H:1t:ding plan. for all phases, that shall include. but Dr/elDptIr CilZ'oy
not btd to, ~tiON ~ that rID INItwrials or ~I
ma~ will be auawed within bOUndarieS of the Santa
Prior to Clara V Watar District faciUti.. This wouki include any 11fWCm
each phase ~8 analor fill Ulaierial or pding atd/or ~trUdicm
vehic18, eb:. The plan shall be Subject to review U1A11Jr'oval
~ the Qty Enginftring Oivbiion Uul the Santa Clara au.y
atilt DiStrict, prior to approval oftha final map. Monitonng
shall take place during ~g and c:ontll'UCtion activities
and shall De~ y eitl\er the City Engineering
Division or Santa Clara Vall Water District.
6 Contact the US. Army Corps of~"'" JCo~) and eevelaper En ~I1roY.
Re~ional Water Quality Cc:ir'ltrOl BoArd (R QC) at the ~g
Prior to ftI: itlSt possible .tap of p'lannin~.MS to d~ if
each phase the nature of the pro~d worle ~re a~t
under the provis1oM of Can Wall!r Ad section . If
CDllswtation with the Car.ps and llWQCB determineS that a
cnnit is ~C:t te'iu.iren\eftts may include, tnlt not
limited to. the ing actions to be c::ampleted prior to
issuance of I building permit. . .
. Delineate the amount of wetlands to be filled during
construction aettvl ti..;
. Obtain a water ~li~ cartific:aticn or waiver from the
Regional WI. ulhty Control Board; and
Apply, for Corps pemut or notify the Corps prior to fill
ac:tlVlties.
7 The project d~.lop.r shan eompletl:.the follcwing tas~: o.velapcr Giltoy
Planning
Prior to Submit a l..andscape Plan. for review and approval by the Division
I . each phase PllMing Division, indicating thll1oc:ation, size and
.pec:i.ea of aisting trIIes (ow, elms, and any other native
trees) found an within the tentative map boundaries.
lndiate which t:\'lIU al1l plaNwd for removal.
) The City shall determine which trees, if any. are
"si~nt... If the City dll~rmines that $i~ficant trees
wi be retained, eM Landscape Plan shall indicate which
I trees are to be retBiruld. During construction of the
~raposed project, the foll= measures will occur:
igNftcant tz1teS shall be prior to 5i.clirIg actiVities.
to prevent root damage. The ~ sM ,It rniz\imWl'l,
c::o=rm to tM driplirie of the !:rH. radius of one to 1.5
I feet per inch diamater is desirable.; ;md., 2) Constnlc:ticm
vehiCles shall he routeci lU'OW\d the clripline of the tree. .
I
8 The following languar: sh.ll be included on any ~its Developer GUto
Build~
I is.ued for aU p'halell 0 thv projec:t site. indudirlg, t not' O' .. g
Prior to limited to, build1n1 pennlts for th.future deveJopm8ftt. ~All lY1SIOn
.ad\ phl_ noise JJ.tmeraUl\g construction activities shall be liJrUted to
wee l' betwefln 1 AM and 7 PM, to Saturdays and Cty
holidays blltwem 9 AM and 7 PM. No CDI1$trw:tion i5
I allowed on Sunda :'
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EMC PLlilrmmg G1'ou:p Inc. MMP-5
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Miti
Prier tD
Phase I
Prior to
Phase I
MMP-6
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10
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Submit d_lf!",r review and .~provaJ of a U-faathigh.
ac:oualic:ally-eff-=tive barrier aJA:ing the p~ 11M
amticuous with Santa Tuea 1oW1Yaid. .oPeNnP up to 40
feet wide ma)' occur in th. barrier wheN the pmjec:t sUe cuI-
c:1e-Acs abutS Santa Teresa BouI.vard.
To c:anuolllanldng N:liM. the 12-laot lUsh bamer muat .
continue along tNi nDdh and south J'l'OI'eny,liN1s contigucnm
wUh the Nortl\ Morey ChaMeJ and -the 'South Mony.cnamwl.
These E1atU:iitg barrim must be deigned as follows: 12 feet
high far 15 fait. at 11 fftt high for 10 &:ct, at 10 &:ct high far 9
feet. at 9 feet high for 12 fHt, at 8 feet high far 16 feet. at 7 fnt
high for 17 feet and 6 feet hitri'l for 150 lftt. this flankmg
barrier extends a total of 22cffeet along the north ancl south
property lines of the projed'sit..
Alternative sound wall d.ilP" ma)' b. aa:eptable subject to
NYiew IItI4 approval by the "Community OitveJopment
artmant.
Submit design for review and approval The main barrier
may be conbnuou.sor it may contain o~ngs at the c:uJ.d..
pcs. With either. the reCluiied wall heIght remains at 12-fcot
in height. If the wall is cresigned with ~ . the
following sid.. yard barriers will'be requhwd:
.
For PhaH 1. a noiR barrier designed with fence opeNnp
a t the c:ul-d~c: loc:ations. the p~ed devel~er shall
install Iccusfic:a1ly-effedive six lItit him side yard fenca
to CDlmed the .ic:les of the first row of'nomes along $aJ,ta
Teresa Boulevard with the main noise barrier. Th.. sid.
. yard barriers a~ desiplecl to prevent noiR that transmits
through the c:uJ-de-sac openings from enterins the sides
of tM yards. GatRS may: De inCluded in the barriers. The
. barriar heights are in ramence to the nearest building
pad elevation.
To achieve an Icoustically-eHedive barrier. it must be
trIAd. air-tight, i.e.. without cracks, PpI, or other
openings and must provide for long-tenn durability. The
barrien can be CONlructI!d. of wood". concret.. stucco,
masonry, earth bcn\. or a comDiM.tion thereof and must
have a m.ini.mum 5urfaCl! weight of 4.0 ~ounds ~er .qulre
foot Clbs. pllt sq. ft.) for barrier 10 leet tiLl and taller. and
2.5 lbe. per sq. It for barrier under 10 Mt tall. If wood
fencing is used. homogeneous sheet materials are
praterable to g)f1ventional wood fencing as the latter has
a tendency to warp &t\d form ~enings with ap.
However, high q1ia11tY.. air-tight. tongue-ancI-groove,
shiplap. or.bOard and batten construction canOe used..
provided tM minimum surface weight r.quiTemmt is
met and the construction is air-tight.
The noise contrel barriers must be c:oNtrlKted so that an
joints. ir1duding CON\eCtiaN with posts. pilasters or the
buUdirlg lhelb a~ Haled m-tight lU\d N) op8ftinp Ire
permittild betWeen the upper barrier CDmpo~ts and the
ground. Gates may be incarporatm into the sid. ~
Darners, lunotewr, they mldt meet the surface Welgh
~uirement described. above and must fit ~t wl\en in
the closed paaition. The gap under a pte W1l be no
more than one inch.
Alternative SOuM wall dcsisn may be a~table subject
to review and approval by the Communitt Development
art:ment.
DeYeloper
Developer
at britill! Staul
p=
Oivis~
City.P~~
OiVlSlcn
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EMC PUlfmiftg Gro1lpl71c.
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 98-51 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.
~,1Sn /~ '
~~ UA~'^-'
City Clerk of the City of Gilroy
(Seal)