Loading...
Resolution 1999-49 '. . . RESOLUTION NO. 99-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 99-02, A VESTING TENTATIVE MAP WITH 180 RESIDENTIAL LOTS, ONE PRIVATE STREET, ONE PARKIDAYCARE SITE, AND ONE MULTIFAMILY RESIDENTIAL SITE ON APPROXIMATELY 37.41 ACRES LOCATED ON THE EAST SIDE OF SANTA TERESA BOULEVARD, ADJACENT TO THE SANTA CLARA VALLEY WATER DISTRICT CHANNEL, SOUTH OF LONGMEADOW DRIVE, APN's 790-04-057, -059, AND -062. WHEREAS, South County Housing ("Applicant") submitted TM 99-02, requesting a Vesting Tentative Map to subdivide a 37.41 acre lot into one hundred eighty residential lots, one private street, one parkldaycare site, and one multifamily residential site; and WHEREAS, the property affected by TM 99-02 is located on the east side of Santa Teresa Boulevard, adjacent to the Santa Clara Valley Water District Channel, south of Longmeadow Drive; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration was adopted by the City Council on June 20, 1998, along with a MitigationfMonitoring program, which included this project in connection with zone change application Z 98-05; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 6, 1999, at which it considered this project and voted to recommend approval of TM 99-02 to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on May 17, 1999, at which time the City Council considered the public testimony, the Staff Report dated April 22, 1999, and all other documentation related to application TM 99-02; and IKHM\445850.01 913.052504706002 -1- RESOLUTION NO. 99-49 " . . 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 project is consistent with the RDO allocations the Applicant received in the 1996 RDO Competition, RD 96-09, the exemption from the Residential Development Ordinance granted to the developer by the City Council, M 98- 06/AHE 98-02 and M 98-09/AHE 98-03, the site's land use designation on the General Plan map, and with the intent of the General Plan text. 2. The project is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 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 in the record that this project will have a significant effect on the enviromnent. B. Vesting Tentative Map TM 99-02 should be and hereby is approved subject to: 1. The twenty-nine (29) conditions, with revision to Condition 27, identified in the Staff Report dated April 22, 1999, attached hereto as Exhibit A, and incorporated herein by this reference. Condition 27 shall read in its entirety as follows: Condition 27, Prior to final map approval, the specific location, size, and development of the proposed City park shall be determined subject to review and approval of the Community Services Department, and the Community Development Department. IKHM1445850.01 913-052504706002 -2- RESOLUTION NO. 99-49 '. " . . 2, The mitigation measures set forth in the Negative Declaration and the MitigationIMonitoring Program, attached hereto as Exhibit B and incorporated herein by this reference. PASSED AND ADOPTED this 7TH day of June, 1999 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, MORALES, ROWLISON, and GILROY NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GIFFORD, SPRINGER, SUDOL NONE APPROVED: t~ k1eC~~ K.A. Gilroy, M,ym '\ ATTEST: y]JJue" f2/<,,~ Rhonda Pellin, City Cler IKHM\445850.01 913.052504706002 -3- RESOLUTION NO, 99-49 . . Community Development Department Planning Division Staff Report File Number: TM 99-02 - Revised Applicant: South County Housing April 22, 1999 Revised June I, 1999 Location: East side Santa Teresa Boulevard, adjacent to the Santa Clara Valley Water District Channel, south of Longmeadow Drive . Staff Planner: Melissa Durkin REQUESTED ACTION: Approval of a Vesting Tentative Map for a subdivision of 183 lots (180 residential lots, I private street, I parkldaycare site, and 1 multifamily residential site). DESCRIPTION OF PROPERTY: Parcel Number: Parcel Size: Flood Zone: 790-04-057,059, and 062 37.4\:: acres [Note: This is a portion ofa 64.32 acre Planned Unit Development] "B" ,Panel # 060 337 0640 D, Panel Date: 10/06/81, Revised to reflect LOMR 8/3lf95 STATUS OF PROPERTY: Existing Land Use Undeveloped Land General Plan Designation Low Dens. ResfHigh Dens. Res. STATUS OF SURROUNDlNGJ.>ROPERTY: Existing Land 1 Jse N: ChannelfSing. Family Homes S: ChannelfSing. Family Homes E: S. F. Homes/G.U.S.D. Farm W: S. F. Homes/S, T. Blvd. General Plan Designation P.F./L.D, ResfH.D. Res, Low Dens. Res., Med. Dens. Res. Medium Density Residential Low Density Residential EXHIBIT A Zoning RlfR3-PUD . Zoning RI-PUD Rl, R3-PUD Rl, R3, County Ag. Rl, Rl-PUD . '. TM 99-02 - Revised 2 6/01/99 CONFORMANCE OF REQUEST WITH GENERAl, PI,AN: The proposed project conforms to the land use designation for the property on the General Plan map, and is consistent with the intent of the text of the General Plan document. This project conforms with the policies of Gilroy's General Plan. The following examples demonstrate this compliance: Oman Development and Commnnity 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 has been within City limits for many years. Policy 4: "The City will phase development in an orderly. contiguous manner in order to maintain a compact development pattern to avoid 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 surrounded by developed property to the west, north and south, and municipal services are available near this site. ENVIRONMENTAl, IMPACTS: NEGATIVE DECLARATION An expanded Initial Study was prepared for this project under Zone Change application Z 98-05. The study identified potentially significant effects on the enviromnent, however, the applicant agreed to implement 15 mitigation measures which will avoid or mitigate the effects to a point where no significant impacts will occur. A Negative Declaration was adopted for this project on July 20, 1998 REI.ATED APPI.ICATIONS: AlS 99-14: 0" This application accompanies this request Planned Unit Development Architectural and Site review for the construction of 180 single family homes (to be constructed on lots created by TM 99-02). This application will be presented to the Planning Cormnission and City Council in May, 1999. EXHIBIT A . . TM 99-02 - Revised 3 6/01/99 RDO BACKGROUND: This Planned Unit Development received 150 market rate RDO allocations in the 1996 RDO competition [RD 96-09], an exemption for 97 affordable housing units in June, 1998 (M 98-06/ ARE 98-02), and an exemption for 114 affordable housing units in October, 1998 (M 98-09/ARE 98-03). PREVIOUS APPLICATIONS: The following previous applications were approved for this Planned Unit Development: Z 98-05: Zone change request to change the zoning designation of this site from Rl and R3-PUD to a combined RlIR3-PUD zoning district. This application was approved in July, 1998. TM 98-05 and AlS 98-31: Tentative Map and Planned Unit Development Architectural and Site review for the construction of 75 single family homes. These applications were approved in September, 1998. TM 98-07 and AlS 98-25: Tentative Map and Planned Unit Development Architectural and Site review for the construction of 47 single family homes. These applications were in September, 1998. ANALYSIS OF REQUEST: This proposed Tentative Map will subdivide an approximate 37.41 acre site into 183 lots. These consist of 180 residential lots, I private street, I parkldaycare site, and 1 multifamily residential site. The residential lots in this subdivision will range in size from 2,770 square feet to 12,510 square feet, with an average size of 4,880 square feet. Fifty of these lots will be market rate, and 130 will be affordable units. This site has a zoning designation of RlIR3-PUD (Single Family ResidentiallMedium Density Residential- Planned Unit Development). The applicant is proposing to use the flexibility of the PUD overlay to allow the Tentative Map to deviate from standard Zoning Ordinance requirements in two ways: I) to allow density to be transferred throughout this site; and 2) to allow the lots to be less than the minimum allowed 6,000 square feet. The following analysis clarifies this request: Density Transfer The current request is to create 180 single family (attached and detached) lots in the Low Density section of this PUD. This portion of the PUD is approximately 20.l7-r. net acres. At a density of 7.25 units per acre, this land area would allow 146 dwelling units, rather than the 180 that are proposed. EXHIBIT A TM 99-02 - Revised 4 6/01/99 . .. However, this property is part of a larger 64:1: acre Planned Unit Development. Approximately 9 acres of this PUD have a zoning designation ofR3 (16 dwelling units per acre), with a maximum allowable buildout of 144 units. The remaining 55 acres of this site have a zoning designation ofRl (7.25 dwelling units per acre), with a maximum buildout of399 units. The total number of housing units that could be constructed within this PUD is 543. The applicant is proposing to construct only 361 units, and is proposing to spread them throughout this PUD, therefore the nverall density nf the PUD is in compliance with density Iimitatinns. Lot Size Exception In order to construct homes on single family lots within this development at an affordable price, the applicant is requesting an exception to the minimum 6,000 square foot lot size requirement. The lots in this development range in size from 2,770 square feet to 12,510 square feet, with an average size of approximately 4,880 square feet. Staff has two primary concerns with this reduced lot size. The first concern is the ability of the lots to accommodate houses within the appropriate setbacks. The applicant has addressed this concern by designing homes specifically to fit on these lots. With the exception of22 "zero lot-line" homes, all of the homes within this subdivision meet the minimum setback requirements set forth in the Zoning Ordinance. The request to allow zero lot-line homes will be addressed in the PUD application for this project (NS 99-14). The second concern which staff has with the reduced lot sizes is that the amount of lot frontage will also be reduced, which limits the opportunities for on-street parking. This issue has been addressed by the applicant providing a minimum of 40 feet of frontage for each lot (with the exception of the zero lot-line lots on the private street, in front of which parking will not be allowed). This allows for a 20 foot wide driveway and a 20 foot long strip of on-street parking. Courtyard Hnmes Lots 159 through 180 of this subdivision (located at the northwest comer of Siena Drive and Hirasaki Avenue) will contain courtyard homes. These lots differ from the remainder of the subdivision in the following ways: 1. The courtyard lots are much smaller in size than the average lots in this subdivision. (The courtyard lots range in size from 2,770 square feet to 5,100 square feet, with an average size of3,582 square feet.); 2, Attached homes, commonly called duettes, will be constructed on these lots, rather than the single family detached homes located elsewhere in this subdivision. .', 3. Fourteen of the courtyard homes will obtain vehicular access from a private, 24 foot wide street. The remainder of the courtyard homes will obtain vehicular access from the public streets. EXHIBIT A . . TM 99-02 - Revised 5 6/01/99 Water Channel Issues The proposed project is bordered on its east, north and south sides by the Santa Clara Valley Water district (SCVWD) water channels. General Plan Section VI-3, policy nunober 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. South County Housing has addressed this General Plan policy by placing streets adjacent to the channels to the extent feasible. The applicant has successfully prevented all but six homes and the multi-family site from abutting the channels. Conflicts between the multi-family site and the channel can be reduced or eliminated through the design of that site. Staff recommends that the future owners of single family lots adjacent to the channel be notified that the channel could be developed with a bike path. Stafffeels that the proposed design meets the intent of this policy. l'edestrian Bridee The applicant is proposing a pedestrian bridge to allow access between the subdivisions on the east and west sides of the north-to-south oriented water channel. This bridge will also allow homes on the east side of the channel to have access to the potential future public park. This bridge will be constructed by using a box culvert. The reason a box culvert is proposed to be used is to allow emergency Police Department patrol vehicle access across the bridge. The box culvert is proposed to be designed in such a way that it will allow only pedestrian use of the bridge, but will also allow patrol vehicle access in the case of a pursuit. This bridge is proposed to be owned and maintained by the City, Specific design considerations for the bridge will subject to review by the Police Department, and the Engineering and Planning Divisions. l'arl</Daycare and Multi-Family Lots In addition to the 180 residential lots created by this subdivision, one parkldaycare lot and one multifamily lot will be created. The parkldaycare lot is anticipated to be developed with a City park and a privately owned daycare center. The development of the park site is subject to future negotiations with the City. The development of the day care center will be processed through a PUD Architectural and Site review application. The multi-family lot will be developed with 30 senior citizen apartment units, and 30 multi-family apartment units. This development will also be subject to a PUD Architectural and Site review application. EXHIBIT A . . TM 99-02 - Revised 6 6/01/99 Access to this development will be provided by Hirasaki Avenue (a General Plan collector). The proposed tract map configuration also shows several new public streets that will contribute to the traffic circulation 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. STAFFRRCOMMENDATION Staff recommends A PPROV AL of this request for the fotlowing 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 Vesting 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; and E. There will be no significant enviromnental impacts as a result of this project due to the required mitigation measures to be applied. F. The proposed project is consistent with surrounding development. In addition, Staff recommends the following conditions he placed on the approval of this request: 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 Enviromnental 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 Enviromnental Safety Division, prior to the issuance of any building permits. EXHmIT A . . 6/01/99 TM 99-02 - Revised 7 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. Prior to Council approval of the Tract Map and Improvement Plans, the following items will need to be completed: A. A signed original composite plan by the electrical design engineer shall be a part of the improvement plans; B. A letter from the subdivision design civil engineer shall be prepared which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists; C. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City; and D. The plan check and inspection fee for the utility underground work will be collected by the City. This shall be subject to review and approval by the Engineering Division. 6. Prior to any construction of the utilities in the field, the following will need to be supplied to the City: A. A signed and PG&E-approved original electric plan; and B. A letter from the design Civil Engineer which states the electrical plan conforms with City Codes and Standards, and with the approved subdivision improvement plans. This shall be subject to review and approval by the Engineering Division. 7. All improvements are to be done per City of Gilroy Standards, subject to the approval of the City Engineer. 8. 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. 9. 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. EXHIBIT A . . TM 99-02 - Revised 8 6/01/99 10. All lots shall drain to the street for storm drainage, subject to the review and approval of the Engineering Division. 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 Govermnent Code Section 66474.9. 12. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities, subject to review and approval by the Engineering Division and the utility companies. 13. With the exception of lots that received an exemption 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. 14. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD). 15. An encroachment permit will be required from the SCVWD for the outlet structures and locations, subject to review and approval by the SCVWD. 16. 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. 17. Site grading should be done such that there is no overbank drainage into the creek, subject to review and approval by the SCVWD. 18. 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. EXHIBIT A TM 99-02 - Revised 9 6/01/99 . . 19. 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. 20. 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. 21. 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. 22. The developer will be required to obtain a National Pollutant Discharge Elimination System (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. 23. 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.U.S.D. 24. All construction activities shall be limited to weekdays between 7 am. and 7 p.m., to Saturdays and City holidays between 9 a.m. and 7 p.m. No construction is allowed on Sundays. 25. 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." 26. This project shall be subject to the conditions of approval for the approved Affordable Housing Exemptions from the RDO (M 98-06 and M 98-09). This shall be subject to the review and approval of the Planning Division. 27, Prior to Final Map approval, the specific location, size, and development of the proposed City park shall be determined subject to the review and approval of the Community Services Department and the Community Development Department. EXHIBIT A . . TM 99-02 - Revised 10 6/0 I /99 28. The applicant shall notify the purchasers of all lots adjacent to the Santa Clara Valley Water District channels that these channels may be developed with a bike and jogging path, subject to the review and approval of the Planning Division. 29. Construction of the proposed pedestrian bridge shall be subject to the review and approval of the Santa Clara Valley Water District, the Police Department, the City Planning Division, and the City Engineering Division. The developer shall establish a funding mechanism for the maintenance of the bridge. Respectfully, fl\~ fJ~~ William Faus Planning Division Manager .~ Planning Commission Action: At the May 6, 1999 Planning Cormnission meeting, the Planning Cormnission recormnended approval of this application with the conditions in the staff report. The vote was 5-2 (Commissioners Pinheiro and Gartman recused themselves due to conflicts). EXHIBIT A Community~evelopment D'partment Planning Division NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 City File Number: M 98-06 Projeet Deseription: Name of Project: Nature of Project: Los Arroyos Planned Umt Development Request to construct 373 dwelling units, a child care/community center, and a 2.5 acre public park on a 64.8 acre parcel Prlljeet I.oeation: Location: Property located East of Santa Teresa Boulevard, West ofKem Avenue, North of Mantelli Drive, and South ofLongmeadow Drive Assessor's Parcel Numbers: 790-04-037,038,057,059,062 F,ntity or Person(s) Undertaking Prllject: Name: Address: South County Housing 7455 Carmel Street Gilroy, CA 95020 and Glen Lorna Group 7888 Wren Ave. Suite 0-143 Gilroy, CA 95020 Initial Study: An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment A copy of this study is on file at the City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020. EXHIBIT B PreHmin!,ry Negative'D~on Los Arroyos Pun 2 . 5/27/98 Finding" & Reasnns: The Initial Study identified potentially significant effects on the environment However, this project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. The following reasons will support 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 sides. 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies, and 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 staff, and this Negative Declaration reflects the independent judgement of the City of Gilroy. Mitie-ation Mp9snres: 1. . A soils investigation shall be prepared for the project by a qualified soils engineer. The recommendations of the soils investigation shall be incorporated 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 Division, the Santa Clara Valley Water District, and the U.S. Natural Resources' Conservation Service. These design plans shall include, but not be limited to: . a. Applicable storm water source and treatment-based best management practices, applied and maintained,. as recommended in the Califomia Storm Water Best Management Practice Handbook; b. Provisions for periodic sweeping for roadways, driveways, and parking areas on the project site; c. A design to reflect the City's Storm Water Master Plan; d. Paved areas shall be designed to minimize drainage that is channeled to one location. 'Pathway paving shall be kept to a minimum, and shall be porous in nature, wherever feasible; e. Drainage facilities shall be designed and installed to collect and transport the natural flows away from the streets and buildings and into approved drainage structures; and Preliminary Negative De&on Los Arroyos PUD 3 . 5/27/98 f. . Site grading shall not cause drainage into the creek. 3. Apply for and obtain a General Permit for Storm Water Discharges Associated with construction Activity, for the entire project site, by submitting a completed Notice of Intent form and appropriate payment to the State Water Resources Control Board prior to the issuance of a building permit. Further, the developer shall be required to comply with the terms of this permit during and after construction of the project. These terms include, but are not limited to, the use of water quality controls (Le., Best Management Practices) both during and after construction, for example: a Design project to focus on minimizing directly connected 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. Limiting construction access routes and stabilizing access points; d. Protecting 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 (irrigation and application of fertilizers, herbicides, and pesticides); and, h. . Installing structural storm 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 trucks 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, parking areas and staging areas at construction sites. D. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. .E. Sweep streets daily (with water sweepers) ifvisible 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). G. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). H. Limit traffic speeds on unpaved roads to 15 mph. I. Insta1l sandbagS or other erosion control measures to prevent silt runoff to public roadways. J. Replant vegetation in disturbed areas as quickly as possible. PreliminAry Negative DLon Los Arroyos PUD 4 . 5/27/98 k. Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site. 1. Install wfud breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas. m. Suspend excavation and grading activity when winds (instaIitaneous gusts) exceed 25 miles per hour. n. Limit the area subject to excavation, grading, and otheJ' construction activity at any o~e time. 5, Prepare a grading plan for all phases; that shall include, but not be !imjted to, specifications requiring that no materials or machinery will be allowed within the boundaries of the Santa Clara Valley Water 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. Monitoring shall 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 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). Waters of the United states generally include tidal waters, 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 contact the U.S, Army Corps of Engineers (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 require a permit under the provisions .0fClean Water Act Section 404.: Ifconsultation 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 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 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 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. Preliminary Negative Dec.on Los Arroyos PUD' 5 . ~' 5/27/98 . The City shall detemrinewhich trees, ifany, are "significant.~ If the City detennines that significant trees will be retained, theJandscape plan shall indicate which trees are to be retained. During construction !)fthe proposed project, the following measures ~ll occur: I) Significant trees shall be fenced prior to grading activities to prevent root damage. The fencing shall, at minimum, conform to the dripline of the tree. 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 shaJ1 hire a certified arborist to prepare. a mitigation plan for review and approval by the Planning Division. 8. The following language shall be included on any permits 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 "I 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 l2-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 Boulev8.rd. 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 Ch8nnel. These flanking barriers must be designed as foJ1ows: 12 feet high for 15 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 feet and 6 feet high for 150 feet. This flanking barrier extends a total of 229 feet along the north 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. 10. For Phase I, a noise barrier 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 noisebarric;r. These side yard barriers are designed to' prevent noise that transmits through cul-de-sac openings from entering the sides of yards. Gates may be included in the barriers. The barrier heights are in reference to the nearest building 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-term durability. The barriers can be constructed of wood, concrete, stucco, masonry, earth berm, or a combination thereo~ and must have a minimum surface weight of 4.0 pounds per square foot (lbs. per sq. ft.} for barriers 10 feet tall and taller, and 2.5 Ibs. per sq. ft. for barriers under 10 feet tall. If wood fencing is used, homogenous sheet materials are preferable to conventional wood fencing as the latter has Preliminary Negative D&on Los Arroyos PUD . 5127/98 6 a tendency to wll1p and form openings with age. However, high quality, air-tight, tongue-and- groove, shiplap, or board and batten construction can be used, provided the minimum surface weight requirement is met and the construction is air tight. . The noise control barriers must be constructed so that .all joints, including connections with posts, pilasters or the 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 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 gate shall be no more than an inch. Alternative soundwall designs may be acceptable, but are subject to the review and approval of the Community Development Department. II. Maintain closed at all times all windows on the second floor and unshielded first floor living spaces within 2(i5 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 are to be operable, as the requirement does 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 separated 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 habitable environment should be provided. The mechanical ventilation requirements are specified by the Uniform Building Code (UBC). 14. In addition to the required STC ratings, the windows and doors shall be installed in an acoustically"effective manner. To achieve an acoustically-effective window construction, the sliding window panels must form an air-tight seal to the outside environment when in the closed position 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 significant 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: preIim;n~ry Negative Dec&on Los Arroyos PUD 7 . . 5/27/98 "If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of200 feet from the find until it can be evaluated by a qualified professional archaeologist. If the find is determined ~ be significant, 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 Faus Planning Services Manager I J. . . Los Arroyos Planned Unit Development Mitigation Monitoring Program J Introduction J ~ On January 1, 1989, the California State Legislature passed into law Assembly Bill 3180. This bill requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. ] j A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. j ] 1 1 J ! 1 ~ Monitoring Program The basis for this monitoring program is the mitigation measures included in the initial study. These mitigation measures are designed to eliminate or reduce signifi- cant adverse environmental effects to levels of insignificance. These mitigation mea- sures become conditions of project approval which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the initial study. Monitoring Program Procedures It is required that the City of Gilroy use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: 1. The City of Gilroy Planning Division should be responsible for coordination of the monitoring program, including the monitoring checklist. The Planning Division should be responsible for completing the monitoring checklist and 1 ) EMC Planning Group Inc. MMP-l J EXHIBIT B ~ ... ~ ., -. ...................-..-... -.. ~ ~~.. Miti ation MonitOrinto am Los Arrol/os Plann.nit Develo ment Initial StUd distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. 2. Each responsible individual or agency will then be responsible for deter- mining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the City of Gilroy Planning Division to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Planning Division. 3. Prior to issuance of an occupancy permit, the Planning Division should review the checklist to ensure that all mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with. An occupancy permit should not be issued until all mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with. 4. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Planning Division, describing the non-compliance and requiring compliance within a specified period of time. If a non-compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. MMP-2 EMC Planning Group Inc. . ~; 1 J' I J 1 ] J 1 1 J I J ] .I 'J I , , j J ..,.,....-,~-.._-- Los Arro1/os Planned &evelopment Initial Stud., eigatiOn Monitoring P~ogram- Los Arroyos Planned Unit Development Mitigation Monitoring Checklist Prior to issuance of a Building Permit, the following mitigation measures shall be implemented: Mitigation Nature of Mitigation Pa~ Party Measure Number Res~onsi Ie for Responsible &. Project. Imp ementation for Phase Monitoring 1 A soils investigation shall be prepared for the project by a Developer Gilroy qualified soils enrteer. The recommendations 0 the soils Building Prior to investigation sha be inco:sorated into the final building Division each phase ~ns and shall be review and approved by the Gilroy ngineerinQ Division orior to issuance of a building permit 2 The design and constructIOn of all storm drainage Developer Gilroy improvements serving all phases of the~roject site shall be E[\1ineering Prior to !)epared in accordance WI!h the Santa lara County Water ivision each phase istrict standards and provided by th'droject deveioper. subject to review and approval b?:,r the ity Engineering Division. the Santa Clara Valley ater District. and the U.S. Natural Resource Conservation Service. These design plans shall include. but not be limited to: a. Applicable stonn water source and treatment-based best management Iractices, a~lied and maintained. as recommende in the Cal omia Stonn Water Best Management Practice Handbook; b. Provisions for seriodiC sweeping for roadways, driveways, an parkin~ areas on th\lroject site; c. A design to reflect the ity's Stonn ater Master Plan; d. Paved areas shall be designed to minimize draina~e that is channeled to one iocation. Pathway paving sha be kept to a minimum and shall be porous in nature. whenever feasible; e. Drainage facilities shall be desi!ned and installed to collect and trans~rt the natura flows away from the streets and buil ings and into approved drainage structures; and, f. Site ...radin... shall not cause drainalre into the creek. EMC Planning Group Inc. MMP-3 . Los Arro os Plann.9t..it D"".lo ment Initial Stud Miti 3 Apply for and obtain a General Permit Jar Storm Water Developer Gilroy Dlsclwrges Associated with Construction Activity ,for the entire En~neering Prior to pr~ect site, by submitting a com~leted Notice of Intent form IVlSlon Phase I for an apyropriate payment to the tate Water Resources all phases Contro Board prior to the issuance of a building permit. Further. the developer shall be re~ed to comply with the terms of this permit during and a r construction of the project. These terms include, but are not limited to, the use of water quality controls (i.e., Best Management Practices) both during and after construction, for example: a. Design project to focus on minimizing direct1r connected impervIous surfaces to provide for slowing 0 storm water flows and increasing recharge potential. b. Stabiliziny denuded areas prior to the wet season (October through May 1); c. Limiting construction access routes and stabilizing access ~Oints; d. retecting adjacent properties with sediment barriers. dikes. or mulching; e. Using proper construction material and construction f. waste storage, handling. and disposal practices; Protectin% outdoor storage materials from drainage with berms an roof covers; g. Using appropriate landscape controls (irrigation and application of fertilizers, herbicides, and pesticides); and. h, Installing structural storm water treatment controls such as wet ponds. swales, vegetated filter strips, extended detention basins, and sand filters. 4 The followinfi control measures shall be incorporated into any Developer Gilroy permits for a phases of the project: En~eering Prior to ivision each phase a. Water all active construction areas at least twice daily. b, Cover all trucks hauling soil, sand. and other loose materials or require all trucks to maintain at least two feet of freeboard. c. Pave, aE81I water three times daily, or apply (non-toxic) soil sta I . ers on all unpaved access roaas, parking areas and sta~~ areas at construction sites. d. Sweep .. y (with water 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 pubhc streets. f. Hydroseed or appl~ (non~toxic) soil stabilizers to inactive construction areas previously graded areas inactive for ten days or more). g. Enclose, cover, water twice dai~ or apply (non. toxic) soil binders to exposed stockpiles ( irt. sand, etc.) h. Limit traffic speeds on unpaved roads to 15 mph. i. Install sandbags or other erosion control measures to Krevent silt runoff to public roadways. j, ~ eplant vegetation in disturbed areas as quickly as Eossible. k. nstall wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site. \. Install wind breaks, or llant trees/vegetative wind breaks at windward si e(s) of construction areas. m. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour. n. Limit the .area s\lbject to excavati~n, grading and other construchon actiVltv at any one time. MMP-4 EMC Planning Group Inc. 1 ;' j' L05 Arro 05 Planned un.evelo ment Initial Stud ation Monitorin i j 5 Pre~are a ~ading plan, for all phases. that shall include, but Developer Gilroy not e lirroted to. specifications requiring that no materials or En~eering Prior to machineIT, will be allowed within the boundaries of the Santa ivision Clara Val ey Water District facilities. This would include any each phase grading and/or fill material or grading and/or construction vehicles, etc. The plan shall be subject to review and a.yproval by the City Engineering Division and the Santa Clara alley Water Distnct, prior to approval of the final map. Monitonng shall take place during ~ading and construction activities and shall be herformed y either the City Engineering Division or t e Santa Clara Valley Water District. 6 Contact the U.S. Army Corps of Engineers (Co:KS) and Developer Gilroy Re~ional Water Quality Control Board (RWQC ) at the En~eering Prior to ear iest possible stage of planning all Ehases to determine if ivision each phase the nature of the proposed work wau d r~uire a permit under the provisIons of Clean Water Act section 404.. If consultation with the Corps and RWQCB determines that a b:rmit is necessak, fcerm1t requirements may include, but not limited to, the 01 owing actions to be completed prior to issuance of a building permit. . Delinea te. the amount of wetlands to be filled during constructIon achvlties; . Obtain a water COalio/ certification or waiver from the Regional Water uahty Control Board; and . Apply for Corps permlt or notify the Corps prior to fill activities. 7 The project developer shall complete the following tasks: Developer Gilroy Planning Prior to . Submit a Landscape Plan, for review and approval by the Division each phase Planning Division, indicating the location, size and species of existing trees (oaks, elms, and any other native trees) found on within the tentative map boundaries. Indicate which trees are planned for removal. . The City shall determine which trees, if any, are "Si~ificant:' If the City determines that si~nificanttrees wi be retained. the Landscape Plan shall mdicate which trees are to be retained. During construction of the ~roposed project, the folloWin~ measures will occur: ignificant trees shall be fence prior to grading activities to prevent root damage. The fencin~ shall, at minimum, conform to the dripline of the tree. 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 develo~ shall hire a certified arborist to ~repare a mitigation p for review and aooroval bv the lannini! DiviSion 8 The following language shall be included on any ~ermits Developer Gilroy issued for all p'hases of th~ project site. including. ut not Building Prior to limited to, bwlding permits for the future development. "All Division each phase noise ~enerating construction activities shall be limited to week ays between 7 AM and 7 PM, to Saturdays and City holidays between 9 AM and 7 PM. No construction is allowed on Sundavs." 1 j ] 1 ] ] .J 'j , I 'J I I ,J J I ] ) I I ] j EMC Planning Group Inc. MMP-S ) Miti ation Monitorin Los Arro os Plan. nit Develo ment Initial Stud~ 9 Submit design ior review and approval of a 12-foot high, Developer Gilroy acoustically-effective barrier alon~ the pro~ line Planning Prior to contiguous with Santa Teresa Bo evard. rungs up to 40 Division Phase I ieet wide may occur in the barrier where the project site cul- de-sacs abuts Santa Teresa Boulevard. To control flanking noise, the 12-foot high barrier must continue alo~ the north and south pro~rty lines contiguous with the Nor Morey Channel and the South Morey Cliannel. These flanking barriers must be designed as follows: 12 feet high for 15 feet. at 11 feet high for 10 feet, at 10 feet high for 9 feet, at9 feet high for 12 feet, at 8 feet high for 16 feet. at 7 feet high for 17 feet and 6 feet high for 150 feet. This flanking barrier extends a total of 229 feet along the north and south property lines of the project site. Alternative sound wall design may be acceptable subject to review and approval by the Community Development Deoartment. 10 Submit desi~ for review and approval. The main barrier Developer City Planning may be continuous or it may contain openings at the cul-d~ Oivision Prior to sacs. With either. the re~uired wall heIght remains at 12.foot Phase I in height. If the wall is esigned with openings, the following side yard barriers will be required: . For Phase 1, a noise barrier designed with fence o~enings at the cul-de-sac locations, the project developer s all install acoustic:a~--effective six feet hi~h side yard fences to connect the si es of the first row of omes along Santa Teresa Boulevard with the main noise barrier. These side yard barriers are designed to prevent noise that transmits through the cul-de-sac obeninE from entering the sides of the yards, Gates may e in uded in the barriers. The barrier heights are in reference to the nearest building pad elevation. . To achieve an acoustically-effective barrier;it must be made air-tight, i.e., without cracks, gaps, or other . openings ailCi must provide for long-term durability. The barriers can be constructed of woo . concrete, stucco. masonry. earth berm, or a combination thereof and must have a minimum surface weight of 4.0 Rounds Rer square foot (lbs. per sl ft.) for barrier 10 feet tall and taller, and 2.S lbs. per sq. t. for barrier under 10 feet tall. If wood fencing is used. homogeneous sheet materials are preferable to conventional wood fencing as the latter has a tendency to warp and form openings with age. However, high ~uality. air-tight, tongue-and-~oove, Shipl~. or bOar and batten construction can e used, provi ed the minimum surface weight requirement is met and the construction is air-tight. The noise control barriers must be constructed so that all ~ints, including connections with posts. pilasters or the uilding shells are sealed air-tight and no openings are permitted between the upper barrier comlhonents and the ~und. Gates may be incorporated into t e side yard arriers, however. thed' must meet the surface weIgh requirement describ above and must fit tight wnen in the closed position. The gap under a gate shall be no more than one meh. Alternative sound wall desire may be acceptable subject to review and approval by t e Community Development Denartment. MMP-6 EMC Planning Group Inc. ..... Los Arroyos Planned Aevelopment Initial Study .i.lfatiOn Monitorin.lf Prol(Ta';' . J 11 Submit window desi~ for review and apRroval as follows: Developer Gilroy Maintain closed at al times all windows of second floor and Building Prior to unshielded first floor (a view through the pedestrian accesses) Division Phase I living spaces within 265 feet of the centerlIne of Santa Teresa Boulevard and with a direct or side view of the roadwar At spaces within 90 feet of the centerline of the road, instal .windows rated minimum Sound Transmission Class (STC) 35. At 'taces between 90 feel and 167 feet of the centerline of the roa , 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 Submit window desigz:1 for review and ap~roval as follows: Developer Gilroy The windows specified to be maintained cased are to be Building Prior to operable, as the requirement does not imply a "fixed" Division Phase I condition. All other windows of the develoEment, including bathroom windows may have any type of g ass with the exception of bathroom windows that are an integral part of a living space and not separated by a closable door, suCh as those common in master bedroom suites. 13 Submit window design for review and approval as follows: Developer Gilroy When windows are maintained dosed for noise control, some Building Prior to type of mechanical ventilation to assure a habitable Division Phase I environment should be provided. The mechanical ventilation refljrements are specified by the Uniform Building Code IU C). 14 Submit window design for review and approval as follows: Developer Gilroy The windows and doors shall be installea in an acoustically- Building Prior to effective manner. To achieve an acoustically-effective Division Phase I window construction, the sliding window panels must form an air-tight seal to the outside environment when in the closed~itiOn and the window and door frames must be caul to the waIl openin~ around their entire perimeter with a non.hardening caul 'ng compound to prevent sound infiltration. 15 Due to the pOSSibiIi70 that significant buried cultural . Developer Gilroy resources m.i~ht be ound durin! construction, the following Planning Prior to all langua~e sha I be included in a "ermits issued for the ~roject Division phases site, inc uding, but not limited to uilding permits for t e future development, pursuant to the review and approval of the Gty Planning Division: "If archaeological resources or human remains are discovered during construction, work shall be halted within 200 feet of the fin until it can be evaluated by . qualified professional archaeologist. If the find is determined to be significant, appropriate mitiaatiOn measures shall be formulated ana implemente :' J J J i j I 1 J J t !~~ ) I , ~ J EMC Planning Group Inc. MMP-7 ] ~~-'--~~-----'----~-'----_'-P_._'.'..__.__._--~_'_--~.'~-_P__._____.______.._~___~ ". . . I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certity that the attached Resolution No. 99-49 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of June, 1999, 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 ofJune, 1999. 't:i?&Adv~ City Clerk of the City of Gilroy (Seal)