Resolution 2000-64
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RESOLUTION NO. 2000-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 99-14, A VESTING TENTATIVE
MAP TO CREATE FIFTY-EIGHT SINGLE-FAMILY LOTS ON
APPROXIMATELY 21.4 ACRES LOCATED NORTH OF
LUCHESSA AVENUE, EAST OF GREENFIELD DRIVE,
APNs 808-20-012, 808-20-020, AND 808-20-023.
WHEREAS, Thomas Road Properties ("Applicant") submitted TM 99-14, requesting a
vesting Tentative Map to subdivide a 21.4-acre lot into fifty-eight (58) single-family lots; and
WHEREAS, the property affected by TM 99-14 is located north of Luchessa Avenue, east
of Greenfield Drive; as described in Exhibit A attached hereto; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative
Declaration with seventeen mitigation measures, along with a Mitigation Monitoring program,
was adopted by the City Council on April 20, 1998, in connection with zone change application
Z 96-10;
WHEREAS, the Planning Commission held a duly noticed public hearing on September
7,2000, at which it considered this project and voted to recommend approval ofTM 99-14 to the
City Council; and
WHEREAS, the City Council held a duly noticed public hearing on September 18, 2000,
at which time the City Council considered the public testimony, the Planning Division Staff
Report dated August 29, 2000, with an additional Planning Division Memorandum dated
September 11,2000, and all other documentation related to application TM 99-14; and
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Resolution 2000-64
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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 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 California Subdivision
Map Act.
3. There are no facts to support fmdings requiring denial of the proposed
tentative map pursuant to California Government Code Section 66474.
4. Since the adoption of the Mitigated Negative Declaration in 1998, there is
no new substantial evidence in the record that this project wiIl have a significant
effect on the environment.
B. Tentative Map TM 99-14 should be and hereby is approved, subject to:
1. The nine (9) conditions identified in the Staff Report, said conditions
attached hereto as Exhibit B, and incorporated herein by this reference.
2. The seventeen (17) mitigation measures set forth in the Negative Declaration
and the Mitigation Monitoring Program, which Negative Declaration is attached
hereto as Exhibit C, and incorporated herein by this reference.
I
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Resolution 2000-64
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PASSED AND ADOPTED this 2nd day of October, 2000 by the following vote:
AYES:
COUNCILMEMBERS:
G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL,
VELASCO, SPRINGER
NONE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
NONE
APPROVED:
--?AJYvt
~.:Q,
. A'..--- ~-e-e.~
Rhonda Pellin, City Clerk
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TENTATIVE MAP (TM 99-14) CONDITIONS
1. MITIGATION MEASURES #1 through #17 contained within the Negative Declaration
dated December 17, 1997, and the Mitigation Monitoring Program for Z 96.10 involving
the subject project (attached), shall be applied to the approval of this Vesting Tentative
Map in order to reduce and lor eliminate all potential significant impacts to a level of
insignificance, as required under the California Environmental Quality Act (CEQA).
2. Unless this project is exempt from the application of the City's Residential Development
Ordinance ("ROO", City Zoning Ordinance Section s50.60 et seq.), no building permit
shall be issued in connection with this project if the owner or developer of such
development: (1) is not in compliance with the &DO, any conditions of approval issued
in connection with such development or other City requirements applicable to such
development; or (2) is in default under any agreement entered into with the City in
connection with such development pursuant to the RDO.
3. The 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, adviso!)' 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.
4. Prior to Council approval of the Tract Map and Improvement Plans, the following items
will need to be completed, subject to review and approval by the Engineering Division:
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.
Ex. kt'b~+- B
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s. Prior to any construction of the utilities in the field, the following will need to be
supplied to the City, subject to review and approval by the Engineering Division:
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.
6_ The applicant sJwll meet the following conditions subject to the revifrW and approval of
the Engineering Division:
a. Electrolier spacing and location must be designed per City Standards.
b. All utilities to, through, and on the site shall be installed undergrOllnd in
accordallce with Section 21. 120.
c. The developer sJwll submit a soils repart for the project. All grading operations
Qnd soil compaction activities shall meet the approval of the City Engineer.
Grading plans shall sow grades of all adjacent properlies.
d Alllols sJwll drain to the street for storm drainage.
e. All existing water wells shall be shown on the ImpruvemenJs plans and sholl be
sealed to meet the approval of the City Engineer and Santa Clara Valley Water
District (SCVWD).
f The developer shall provide waler and electric utility service 10 the landscaping
area along Luchessa Avenue.
g. The developer shall provide joint trench composite pions, and utility improvement
plans, for the uru:/erground electrical, gas, telephone, cable lelevision, and
communication conduits and cables. Plans shall include the size, location, details
of all trenches. locations of building utility service stubs, and meter and
placements or arrangements of junction structures CIS a part of the Improvement
plan submltlals fol' lhe project. The composile drawings and utility improvement
plans shall be signed by a licensed civil engineer, and will be a part of the final
improvement plans.
h. The applicant shall construct a Class I Trail (City standard 12-1oot wide asphalt
with compacted IS-inch sholllders) through the dedicated open space area
s/QI'ting at the Luchessa old ranch access to an ADA ramp cui at Lot 43 that
would face Lot 46 at the northwest intersection of D CDlITt and Street C. ADA
trail access ramps will be needed at Luchessa and opposite Lol 53. The CilY will
reimburse the applicant for all documented cOSIS of trail design cmd construclion less
credit 10 the Cily in plQce of a monolilhic sidfrWalk by applicant on the open spacebside of D Courl from Lol 43 to the sidewalk around the pond area. ..
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i_ The two handiCap ramps located at the northerly portion of the site near the open
space access should be relocated so the path of travel is perpendiCUlar to the
north-sauth roadway. The sidewalk to the path shauld curve northward to meet
the path near perpendicular
). Provide a handicap ramp for the proposed open space path between lots 54 and
55 and also perpendicular across the north-sauth roadway at the open space side.
The un the open space side should extend to the handicap ramp.
k. The east-west roadways should have $tops at all apprOflches with the north-sauth
roadways.
1_ The interseclion in the vicinity of lots 41, 23 and 51 should be all-way stop
control with an additional handicap ramp near lot 52.
m. The handicap rampS should be located on the radius to provide a direct path of
truVel near perpendicular to the road being crossed when the ramps are only
servicing one direction.
7_ The applicant shall meet the follO\lling conditions subject to the review and approval of
the Building Life and Environmental Safety Division:
a. An all-weather access road, not less than twenty (20) feet in width, for fire
engines shall be provided before commencing any combustible construction. Fire
hparrls shall also be installed and mainlained before combustible construction
begins.
b. Materials used for off-site installations shall be per City of Gilroy Standard
Details. This includes pipe, valves, hydrants, backflO\ll prevention devices.
concrete, trench back-fill, etc.
c. Pipes which serve on-site fire service systems are subject tot he specification of
the Building Life and Environmental Sqfety Division, once they depart from the
City main. Anyon-site or fire service system must have a City slantkud valve
intervening.
8. Complete restoration plans for the riparian area and pond conversion shall be submitted
for review and approval by the Community Development and Community Services
Departments prior to approval of the final improvement plans.
9_ The applicant shall dedicate the area to the north of Lot 43, not to exceed a width of 60
feetJor the purposes of a public utility easement/future roadway.
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Community ~evelopment D~artment
Plannin2: Division
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NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(408) 848-0440
City File Number: Z 96-10
proiect De:sc:ri9tiQn:
Name of Project:
NatUre of Project:
Uplands Zone Cba.nge
Request to re:tOne 22.2 acres from Al (Agriculnnl) and OS (Open Space)
to RI-PUD and Open Space.
P'l'oierl Loc3.tion:
Location:
North side of the futw-e Luches5a Avenue extension, west of Thomas
.Road, and. south OfU-V2S Creek.
. Assessor's Parcel Numbers: 808-20-<) 11 (partial), and 808-20-012
tntitv ot' l'e!"'ion(s) Und..-rtnkin" PTUiect::
Name;
Addres5:
Thomas Road Properties (do run Filice)
7888 Wren Avenue, Suite D-143 , Gilroy, CA 95020
Jniti:11 Studv,
An Initial study of this project -...as undertaken and prepared for the purpose of asc5rt3ining whether
this project might have a sig:nifiomt effect on the environment- A copy of this stUdy is on file at the
Ciry of Gilroy PlllllIliruz Depax-=enr, 7:351 RosaDIla Sa-eeT_ Gilroy, CA 95020.
exh;bi+-. c...
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Ne~arive Dedarnion
Z 96-10
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2
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1'2111/97
:Eindin~s and Reasons:
The InItial Study ideotiiied potentially significant effects on the envIromnent. However, this project
has b=. mitiga!ed (see attaChed l"fitiglltion Measures) to a point where no significant effects will
. occur. There is no substantial evidence the project ma.y have il. significant effect on the .environment.
The following rea.sOIlS will support these findings:
1. The proposal is a logical component of the existing land use of this area_
1. ldentified adver'se impacts are proposed to be mitigated through. preparation of special studies,
and constnlction of off-site improvements.
J. The proposed project is consistent with the adopted goals and policies of the General Plan of
the City of Gilroy.
4. The Icitial Study was independently reviewed by City stllff, and this Negative Declaraiion
re;!lect5 the independent judgement of the City of Gilroy.
Date Prepared: December 17, 1997
End of Review Period: January B, l5!98
Dlrte ~proved By CitY Council: .
William Faus, PI~"n;nz Division Manager
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Uplands Zone Change (Z 96-10)
Mitigation Measures
Geology/Soils
1. A soils investigation shall be prepared for the project by a qualified soiis engineer.
The recoIDJDendations of the soils investigation shall be incorporated into the final
improvemeut plans and shall be reviewed and approved by the City Engineering .
Division prior to approval of the final IDap. The purposes of the soils investigarion
are to determine the. exact soil characteristics and IiIIlitations OD the site, and to
recommend appropriate engineering specifications for development of the site.
Water
2. Priorto preparation ofa tentative map, the project proponent shall contract with an
engineering firm to perform a. flood elevation study of the project site to determine
flood hazards. The flood elevation study shall include measures, acceptable to the
City Engineering DiVision. the Federal Emergency Managemelrt Age";1cy, md the
Santa Clara Valley Wam- District, to reduce potentia! flooding impa.cts to a less than
significant level. The tentative map shall include the following:
a.. Identification and location of Flood Zone A12 and Flood Zone D;
b. Identification and location of the Santa Clara Valley Water District easement;
c. Design and additional measures, as presented in the flood elevarion stUdy, to
reduce pote:l.tial flooding impacts to a less than signi:fiClI.Il.t level.
The flood elevation study shall be subject to review and approval by the City
Engineering Division. prior to approval of a tentative =p.
3. The project proponent shall prepare a storm drainage plaII whereby the project's storm
dIainage feeds iIlto the wetliInds project. Design of the system shall include measures
to eliroimI1e, or reduce to a.eceptable levels, the amount of pollutants in the storm
water drainage, in accordance with the National poUutaIrt Discharge Elimination
System (NPDES) specification5- Preparation of this plan shall be dev-eloped in
cOllSultarion with the biologist preparing the wetlands plan, and will be subject to
review and approval. by the City Ev.gin=ing Division, prior to the approval of final
, .
ma.ps-
Implementation of this mitigation measure will reduce significant impacts related to
water quality to a less than significant level. .
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Z 96-10
2 Neg. Deg.
Air Quality
4. The following coutrol measures shall be incol1lorated into any permits issued for the
proposed project:
a. Water all active constrUction areas at least twice daily or more often as nead.
b. Cover all wcks hauling soil, sand, and other loose materials or require all
trUcks to mailluin at least two feet of freeboard.
c. Pave, apply watiri- three times daily, or a.pply (non-toxic) soil stabilizers on all
unpaved access roa.ds, parking areas and staging are3.S lIt construction sites_
d. Sweep daily (with water sweepers) all paved access roads, parkj-T1~ areas and
staging areas at construction sites.
e_ Sweep streW.s daily (with wa1er sweepe:o) ifvisible soil material is carried onto
adjacent public streets.
f. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction are:lS
(previously graded areas inactive for te:l days or more).
g_ Enclose, cover, water twice daily or apply (non-toxic) soil bmders to e."'Posed
stockpiles (din, sand, etc.) .
h. Limi:t ttaflic speeds on unpaved roads to 15 mpli.
1_ Install sandbags or other erosion control measures to prevent silt runoff to
public roadways.
J. Replant vegetation in disturbed areas as quickly as possible.
Transpo rtationfCirculation
5. The proposed project shall include the completion of Luchessa Avenue berweel:l
Thomas Road and the westerly boundary of the project site. This will !"l:quire
con5ttUc:ting the northerly half of Luchessa Avenue, including a Class n bike lane,
from Thomas Road to the westerly boundary of the project site to complete the
four-Jane divided c:rOss-sectiOlL !fthe southerly one-half of Luchessa Avenue bas not
beel completed prior to occupancy of the proposed project, the southern half should
be completed by the proposed project, as welL
Plans for the northerly portion ofLuchessa Avenue shall be provided by the project
proponent and included in the final improvement plans prior to approval of the final
map, subject to reviC'>f md approval by the Ciry Enginel;:ring Division.
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Z96-10
3 Neg. Deg.
Biological Resources
6. Prior to imriation of consttUction in the oak woodland habitat, the liInits of grading
shall be s-Wlked and surveyed by a certified arborist- Where minor adj1,1StlIlents in the
grading line could be made to save individual trees, they should be considered. The
arborist may also make recommendations for additionallIleasures that could be
considered along the IiIlJi.t of grading to protect trees just outside of the construction
area.
7. All native trees removed tba1 meet the: definition of "Simli:fi=t Tree" as defined by
. -
the City of Oilioy Consolidilted Landscape Policy, Se:ction 6.0, shall be replaced at
a ratio (not less than three trees replaced for f:'/ery tree lost) to be determined in
consultation with City Planning Division and a certified arborist.
8. A certified aIborist and the City pl.,.,,.,;,,g Division shall review the :5nal grading plan
if any encroachmelIt into the oak/sycamore riparian forest is proposed. The biologist
shall determine if the additional enc:roachme:xt would compromise the integrity of the
Uvas Cte"'..k riparian corridor. If the certified uborist and the City Planning Division
determines the final grading plan would result in such a compromise, then the grading
plan shall be revised .accordingly.
9. . The proje<:t proponents shall identify the \imits of grading on a grading plan. All
trees, classified as signifiC2Ill. according to the city's conSolidated landscapi.'1g policy
(~ native trees six inches or more in diameter, ilt a point four and one half feet
above the grountl), shall be surveyed and located on the preliminary grading plan.
Where minor adjustments in the grading line could be made to save intlivitlual
significam !tees, they should be considered. A cei1:m.ed arbcrist.and the City p\.,.,ni"'g
Division may also make recommendations for additional m~es that coultl be
considered along the mmt of grading to protect i:r~ just outside of the construction
are!- The rimin,,"Y acd final grading plans shall be subject to review and approval
by the City PJ.amring Division acd city Building Division.
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Z 96-10
4
Neg. Deg.
10. The projea proponents shall have a biologist pt'epare a plan addressing the conversion
of the existing pond area. and rela1ed drainage areas intO a se:l.Sonal wetland.
Components of the plm may include, but not be limited to:
a. Removal of the exis1:in!1 c:lam;
b. Restoration and enhancemelrt of the e:cisting :;wale between the d2m and the
existing outfall to Uvas Creek;
c. Minor =ntouring and restorarion of the area behind the dam to allow the arel!.
to revert back to a seasonal wetland; and
d. Planting of the open space area to include native vegetatiOn, trees lqld shrubs
typical of the oak woodlands on the project site. (Replacement trees required
in MItigations 5 and 6 could also be planted in this habitat.) .
These ellhanceme.."lt.S would mitigate the loss of approximately 100 feet of exisci:n~
wetland witbiIJ. the drainage swale distUibed by the proposed project.
Ownership and ID2intenance of the pond and the 7.5-acre Opi:ll space uea are
addressed ill Section 4.11, Public Services.
The plan shall be subject to review and approval by the City Plam1ing Division, the
City :Engineering Division., and the City Parks and Recreation Division.
11. A pre-tree removal breeding survey (March 1 through June 30) of the trees planned
for removal during constrUction should be conducted by a qualifted biologist to
determine if my a.ctive birds-of-prey nests occur in the trees to be removed. If these
. surveys reveal no nesting birds-of-prey nests in any trees to be removed, thei1 no
further mItigmion shall be required. If these surveys reveal active birds-of-prey nests
in trees to be removed., the following mitigation measure shall be required:
a. All active birds-of-prey nests shall be a.voided while the nest is occupied with
adults and/or their young (March 1 through June 3D). Avoidance should include
the establishment of a site-specific, non-disturbance buffer zone around the !lest
site that prob1"bits veg:eWion and tree removal, as recommended by a qu.a.Iiiied
biologist. Tree removal can begin after June 30 or when a. qualified biologist
determines that the nest is no longer being used for that season.
With implemelIt1liion of all mitigarion measures presented in this section, sigoifi~ant adverse
e':l.vironmema1 impac:ts to biological resources will be reduced to a less than sizn,ficant level.
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Z96-10
5
Neg. Deg.
Hazards
11. The tentative lIlllp shall include a minimum 3D-foot fire bn:aklbuffer between the aI"e:l.
proposed for o-pen space <:oning and the proposed de'Jelo_pment. The 50-foot
CI.ll.-de-sa.c on the -prp1;".,;,.,Hry site plm would satisfy tbis requirenll!ll.t. The tentative
IIl2-p shall be. subject to review and approval by the City Building, Life, and .
Environmental Safety Division prior to approval of a tenta:tive lIlap.
Noise
13. The project proponeIrt shall arrange for a noise survey to be conducted. for the
, proposed: project because of its location adjacent to the e~e:JSion of Luchessa
Avenue, a four-lane arterial. The SlJIVey information shall be used to determine the
height for noise attenuation featUres or special building design considerations.
The noise $UIVey shall be conducted prior to telrtzlive map approval, subject to review
and approval by the City Plamring Divisiou.
14. The noise survey, as required in Mitigation Measure 14 above, will identify the
required location and height of a noise attenuatioD feature along the northern side of
the e.'d:e:JSion ofLucheSS3. Avenue. 1bis noise attenuation feature should not consist
soiely of masonry materials, but should create an aesthetically-pleasing effect for
travelers along Luchessa Avo:nue.
The project proponeIrt shall prepare a noise attenuation. landscape and irrigation plan
to include, but not be limited to the following:
o The preferred design would include some combination of earth berm with wood.,
concrete, stucco, o. masonry. The barrier must be made air-tight, without
cracks, gaps, or other openings and must provide for long-t~rm dUl1lbility. .
o The noise attenuation featw::e design shall include landscapi,ng that will not only
be ~y-pleasiDg but will also discouIllge graffiti. Electrical se!'lJ1ce and
water se!'lJ1ceshall be provided to the landscaped. area.
o A funding mecbanistn shall be pt'ovided for the maintenanCe of the sound
attenuation fea:ture and landscaping.
The noise a:rtenl,l3.tion [emure and landscape and iIrigiiLtion plan shall be designed prior
to final map iiLpprl?Val, subject to review and approval by the City FlaMing Divisioll-
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Z 96-10
6
Neg. Deg.
Parks & Recreation
15. The project proponent shall provide a miIWnum 25-foot tro.il and habitat easement
or dedication from the top of the UV3.S Creek bank, along tile project frontage with
the creek.. T1ris e:iSetllent and/or dedication !hall be indiclIted on the tentative map,
subject to review and . approval by the City Parks and Recre:ation Division, prior to
approval of a teIItarive map.
16. . Regarding long-ter:m ownership and maintenance of the open space, either aptian a
or b shall occur.
a. The project proponent shall otter the 7.5 acres of the project site proposed as
open space in dedication to the <;ity as an extension of the existing Uvas Creek
Park Preserve. DediclUion of the open space shall be negotiated between the
city and the project proponent, prior to approval.of the final map. If the city
chooses to decline the otter, then:
b. The project proponent sbaIl establish a homeowners associ:nion to maintain the
open space_ MaiIItena:oce pro'lision for the open space shall be included in
CCRs, which shall be developed, subject to review and approval by the City
Attorney, prior to approval of the final map.
Cultural Resources
17. Due to the posSlbility 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 !ilnited to building permits for the future development,
pursuant to the review and approval of the City Planning Division:
"If archaeological resources or hwna.c. remains are discovered during
construction, wotk shall be halted at a minimum of 200 feet from the find
until it can be evaluated by a qualliied professional archaeologist- If the
find is dero:rmined to be sigIlifi.cant, appropriate mitigation measures shall
be formulated and implemented."
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,CITY OF GILRO~MU
PAGE: B3
Uplands Zone Change
Mitigation Monitoring Program
Introduction,
On Janu~ry ~, 1989,Y'le Calif~mla State Legislature passed into 110....... Assembly Bill
3180. This bill ~eqU1X"es public agencies to adopt reporting or monitoring programs
when they approve projects subject to an environmental impact report or a negative
declaration that incl..des mitigation meas..res to avoid significant adverse
enVironmental effects. The reporting or monitoring program. is to be designed to .
ensure compliance with conditions of project approval dwing project
implementation in order to avoid significant adverse environmental effects.
The law was passed in response to historic non-implementation of Illitigation
measures presemted in environmental docmnents iUld subsequently adopted as
conditions of prbject approval. In addition, monitoring ensures that mitigation.
measures are implemented and thereby provides a mechanism to evaluate the
effectiveness of the mitigation measures.
A definitive set <:Jf project conditions would include enough detailed infom'\ation
and enforcement procedures to ensure the measure's compliance. Tbis monitoring
program is designed to provide a mechanism to ensure that mitigation measures
and subsequent conditions of projed approval are implemented.
Monitoring Ptogram
The basis for thi$ monitoring program is the mitigation measures included in the
environmental i~npact report (EIR). Th$5e mitigation measures ace designed to
eliminate or redlllce significant adverse environmental effects to levels of
insignificance. These mitigation measures become conditions of project approval
which thE: projec~ 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 meast.ltes. This monitoring checklist contains all appropriate mitigation
measures in the Ent
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CITY OF GILROY C~
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l.....ds Zon. Cf<..
Mitt Q.tioft Monitori:n
Mitigation Monitoring Checklist A
Prior to approval of the Tentative Map, the following mitigation tt1easures shall be
implemented:
~~ ;r,.~~iU:;.,,..;.,{.,:o.;.l;'" ...~4~4"';"'';' '-:::'''''~~ - 'j;;J,~".~~,,.,ore'!..-~~!~\'-:T',~,,;":;~'..':';:;'l~'0i~
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~~i!t~~(~~t~,~irj[::"".. ,~,@i8~;r[~trt!'ijm:;r;f;~1ffi1~ig~~j;ifl~;;~~~~~1~~Fd~~ij!\\f~~?rl~f0,~~~i\~,;
~. ._",,'~ '"'1.~"~- ,_.....<t,,'"'...-..~"".,.,.,..----. 'k;J.,(l"~);.,,.~,:.;~,,^,.f~"..'.. _..;;~,.....,.\"....",:_;~..J,~~,r:.J.I' ~..C:"~c:..,.~';';t.1,,,::!.,,,i""'~"~'''~.''~ ,,, ;;:r,~~-:,,~-:'.';"'~
"'<\','n"'-'", ..,,,,,,;;~,,.,,,,,.,,,. ,.,..,,,. .,,,,,""~,);;;k""","'. ''';.'''''''''''''''''-'.~'';=~~'-.'''.''''''';\ ,.:;~-,:'''c'''''.:,:: ,'..'
""-'i.;' /':~"" l:;:''';.~;~~2.~~~;E~ir'"'..-''.'''''~'''''''~. +,~"",-"",._".,.._"."",,, ."T'.' '-'1 ,,, . (....r.....".'r'j<'
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2
Prior to .preparation ot a tentative "",p, the project Project Proponent
proponO<nt .hall contract with ;u\ engineering firm
to perl~' flood elevation study of the projed:
site to dietermine flood hazardo. we Dood
.J.evatiQin st\1dy shall include ,neasU!eS, aeceptable
to the Gity Engineering Oiv;.ion, the Federal
EI:tIerge.t\CY Management Ago;ncy, a:tld the Santa
Clara Valll!)' Water District, to reduce potential
flooding impac'" to a less than sigIUficant level.
The tanmtive map shall inc::lude the foUowmg:
City
Engineering
Division
.. ld""ti.lkation and location of Flood Zone Al2
and Flood Zone D;
b. Identification and lccation of the Smte Clara
Valley Water District et>5eDtent;
<:. Design and additicnal J!1....w:... as presented in
the f1ccid elevati(m study, to reduce potential
flogding i.xnp.cts to a less than signlficaI\t level.
The floodolevarion sl:Udy shall be subjed: to
IOvie.w ,ond appro\' al by the City Engineering
Divisich. rior to a xoval of a tentative ttta
12
'!he terttati". mal' shall include a minim=
3Q-foot.fire break/bu!fe.r between tl:t2 arQa
proposed for open space. zoning and the proposed
develop....ent. n.e s<rfoot cul-de-sac: on the
preJ.lminary site plan would satisfy this
re'lui:r~t. The tentative ....ap shall be subject to
re.view lII\d approval by th<t city Building, Ufe, and
EnvirOlU"ental Safety D~ision prior to approval of
ill tentative InS
Ptojec:t Proponent City PlamUng
Oivi..u:.n
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E..1II!C p/"nn;"g Gr",'l' Inc.
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r-"""'L:.. 1;1:;;;1
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!.f I""tIs 20'" Cho" . Irtm"l Stud
Monitoring Program Procedures
It is required that the City of Gilroy use the attached monitoring checklillt for the
proposed project. The monitoring program should be implemented as follows:
1. The City of Gilroy Planning Division llhould be responsible for coordination
of the monitoring program, including the monitoring checklist. The Planning
Division should be responsible for completing the monitoring checklist and
distributing the checklist to the responsible individuals or ager<cies for their
use in monitoring the mitigation measures.
2. Each responsible individual or agency will then be responsible for deter-
mining whether the mitigation measur",s 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
monitowg 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 )'lave been
complied with. An occupancy permit llh.ould. 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 detennines 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-compliar>ce still exists at the expiration of the specified period
of time, cOl'lStruction may be halted and fines may be imposed at the
discretion of the Oty of Gihoy.
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t-'A~ tlb
cITY OF GILRO'I W
Up/_d.. ZO"8 C/tp:n/?8I"itial SOld"
Miti:;r"tio" Mo"itoritlg Prop"'"
Mitigation Monitoring Checklist B
F'rior to approval of the Final Map, the following mitigation measures shall be
implemented:
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A soils in vesligation shall be prepared. fer the Project Proponent
pro)'""t by a qualified soils engineer. The
r."emmendations of the soils investigation shall be
incorporated into the fin.1 impreveml!!'lt plans and
shall be reviewed aI\d appro""d by the city
Engitleering Division prior to approval of thelirlal
map. The pwposes of the soils investigation are to
determine the .xact soil chBIllcteristics and limi-
lali01't.'> on the site, and to NC=""d appropriate
engin<lering speciiicatiOIlS for development of the
site.
City
Engim..ning
Division
3
The project proponent shall prepare a stonn Project Proponent
drainage plan wh.....by the projeer's stonn
dr..i:J:>age feeds into the wetlands project. Design
of the syslel:n shall include m....""es to e1izninale,
Dr ....duee to acoeptable levels, the am01.lIlt of
pollutants in the stonn water drainage, in
.ecormane. with the National Pollutant OisehaIgt'
ElimUIation System (Nl'DES) spedfieations..
P""paralion of thi.s plan ~all be developed in
eonsultatio" with the biologist preparing the
weUatldS plan, and will be subject to review and
approval by the City Engineering Division, prior to
the a . roval of tinal ma s.
City
Engineering
Division
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09/25/2B0B 11: 14
Mitigrztiarl MQrif.tDri..~ Progrllm UplA1Ids ZtnJIl ClrA't1g8 I"itii1.l Stud!!
.
13 The project pr"p"nent shall arrange r"r a n,,;,e Project Proponent City
surl<ey to be conducted. lor the proposed project m,gitleering
because of ils location adjacent to the extensi.on of Divioion
Ludhessa A vet!ue, a four-lane arterial. The survey
W=tion ohall b. used to determine the height
for noise attenu.tion features or sp..cial building
design conoide.rations.
The:noise survey shall be cond1.lCted prior to
tenl:ll.tive map .ppro....1. subject to ""'I"... arid
appj-""al by tho city Plarm.ing Division.
15 the proj..ct proponent shall provid.. .. minimum Project Proponent City Parks
25-I<I>ot trail and habitat ....."'ent or d.cIication and
frol!\ th.. top of the Uvas Creek bank, along the Recrealion
projoioct trontage with the creek. 'Il:tis ....=t Division
ilZId/or dedication shall be indicated 0I.i th..
tenlliti"" map, sul;>ject to rqview and approval by
the ~fy Parks and Roo_alion Division, prior to
.DD!pVa! of . tent.tive map.
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PAGE eJlj
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UpWtds Zo"e C1ra,,~ I"iti41 Study
Mitiifr<tiDJI M"Jlitari";r Pra!(rt1.71l
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14 The noise s\UVey, as required in Mitigation Project Proponent City Plarming
Mea$ure 14, will identify the required location and Division
heiglilt of a noise attenuation le.ture along !:he
northern side of the ""te1'lSion of Luchessa Avenue,
nus noise attenuation ieature should not consist
solely of masonry materials, but should CJ:eale an
aesth:elically-pleasing effect for tnvelers alonr;
Ludlessa Avenue.
The Brcject propOnent shall prepare a noise
atte.\lp.ation, land"".pe and misation pIan. to
indudle, but not be l:i1nited to the following:
o The preferred .design would include some
combination of earth benn with wood, conerele,
sruCCQ, Or masonry. The barrier J:t\WlI be made air-
tight, without cracl<s, gap', or o!:her operUngs and
must pro<lide for long-term durability.
o The'noise allenuation E€I1rute design .haIl .
include landscaping that will not only b.
aesthelically-pleasing but will also d.iscourage
graffiti. Electri""l..rvice "",d water servic..haIl
be proVided to the landscaped area.
O. A fu!nding mechanism shall be provided/or the
lnSint$ance of the s01,U1.d atten""tion feature and
J.8ndscioping.
The nelise attenuation feature and londscape and
Urigacpn plan shall b. designed prior to final map
appro~al, subject to review and ap]:!ro..,&! by the
citY 1'1 . Divi.ion.
16 Regarding long-term ownership and II'Iaintonan.. Project Proponent City Pork.
of the qpen space, either option iiI or b shall O~. and
ltecrealion
a. Th.e l'rojectproponent shall oUe: the 7.5 aCIllS of Division
the project site propQ$ed a$ open space in
dedica I:jon to the city as "'" extension of the
existing Uvas Creek Park. Preserve. Dedication of
the 01'." space shall be negotiated between the city
and the. project proponent, prior to appro....a1 of the
final map. If the city choo_ to decline the oller,
thcI:
b. The project proponent shall establish a
homeoWTlers assoc:ianQ:n. to mainta.ix'\ the open
space. Maintmanc:e provi,ion for the open space
shall be iinduded in CCRs, whi<h shall be
develop!!<i, subject to review and approval by the
City Altbmev, onor to aooroval 01 the fin<ll mall.
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PAGE: ~"l
MI . ...tio.. Mo7t#ori
I.l l,."ds Zone Ch/1. e hit;"l Stud
S The proposed projed: shaU .include the completion Project Proponent City
of Luches... Avenue between ThoJ;nas ROod and .Engineering
the westerly bowuial:j' of the project .ite. This will Di v..ion
require constru.cting the northerly half of Lache....
Avenue, mclud.ing a Class II bilee lane. from
Th=s Road to the westerly boundary of the
projli!ct site to complete the four.lane divided
ao.....ection. If the southerly on....half of Luohe..a
A'Venue h.s not b""" completed prior to
oCC:Upancy of the p.-oposecl project, the southem
half should be completed by the proposed project,
i1Swell.
PI~ for tho northerly portion of Luc:hessa
A venUe shall be provided by the project propotlerlt
and iJI."lduded in the final iinprovwnont plans prlor
to approval of the final map. subject to ...I'i~w ond
apprl?val bv the City En~""rin~ DMsi"".
10 The project proponenls shall ""ve .. biologist Project Proponent City Pla.m1ing
prepare a plan i1adre..ing the conversion of the DiviSion
""",ting pond .rea ."d related duin..ge are..s mto
. ...sonal wetland. Components of the plm may
include. but not be limited to:
a. Removal of the existing dam:
b. Restoration and enhancement of the existing
.wale between the d..m ana the existing
outfall to UVa.$ Creek;
c. Mirlor recontol.lnng and r...to....tion of the
area behirld the dam to alia"" the area eo
:t!eve:rt back to a seasonal wetland; and
d. Planting of the open .pace are. to include
native ""set"tion. hees ana .hrub. typical of
the oak woodlands on the project slee.
(Replaceo:nent tr..". required in Mitigations S
and . could .Iso be plonted in this habitat.)
The.. erihancemento would mitigate the I0511 of
appro1<im.ately 100 feet 01 e>cisting wetlond within
the drainage swaIe disturbed by the proposed
project.
O..merSlhip ana ~"'nance 01 the pond iUtd the
7.S-acre.open .pace area are..ddr.,.ed in Section
4,11, Public Services.
The platt shall be sullject to review ond approv,,1
by the city PI:mnir\g Division, the city EngineerJng
Divp,on. and the city Parks and l<ecre..ti.on I
Div~ion.
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CITY 01-
GILROY "'_
Miti Qt:;on Mtmitorin 1'1'0 Qm
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9 The project proponenlS shall idlintify the limits of Project Propo"",,! City PJarming
grading OIl a grading plan. All trees, da.55ificd. ,as Divisicw.
slgttipcant aceorcilng to the dty's consolidated
lan<l$<:aping polky (elristirtg native tree:; six inches
or J:Il.l)Te in dia:meter, at a point four and one half
lioet above the ground), shall be sutveyed lll\d.
10"" t~d. Qll the prelimi:lary gradirlg plm. VYhe....
lIl.inO<" ad.just<nenls in the grading Une could be
made to save individ.ual sig:nilica:ot Ire"s, Uley
5ho~d. be considered. A cerilfied. arborlsl and. the
city PlamUng Division may also make
recoDilmel\dations for additional measures that
could! be considered along the limil of grading 10
prorecllrees jusl outside of the corastrucpon lI1'ea.
The preliminary and fino.! grading plans shltU be
subjed to relliew ond a'r~va.l by the city
Plar1%14nlZ Pivision and d Building Division.
17 Due Ii., tho possibility I:halsignilicmt buried Projl!Ct Propon....t City Plomning
cultwlal resources might be founci dllring DiV'isiotl
cons ~ction, the followir\g language shall b.
incluqed. in ""y permits issued for.the project site,
indudlng, but not limited. to builclir1g p~nnits for
the future development. pursuant to the review
and ":pproval of the Gilroy J'lamrlng Division;
.'If a:cllaeological ttiOW'ces or hun-um remains .re
discovered ciuring constructio%\. work shall be
hal~di at a mirWn= of 200 feet from the find until
it can ~e evaluated by a qualified pron;..iorW
archaeologist. 11 the find is deter.mined to be
sigrdfi!::anl, appropriate mitigation measures shall
be for$ulatecl and implemented.:'
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69/26/2eeB
Mitigation Moft~tori:ng Progrlim
I1I1'aft,u Zeme C1ul7r.If' 1.n&1 Study
Mitigation Monitoring Checldist C
Prior to issuance of a Building Permit, the following mitigation measures shall be
implemented:
~~~~c:~~..~Ll~~~""W~
ir"'~'~l'11~1G'~,.q"y.,..::';'\ ,.....,..;":,~:i:ijC!.;~{;F:-{;;-~:l..::.:'.' ..~:-J; '~~~'r.:~.; "';-"1 ""h'''' .... ,j:.,.~,,',./ r.-'''::> ""^'" '..,~~/: ,
;,J{...-t"",' m-,;,.l'i;'~' ~",."i'"'i"~'r:',;:-".I'?:~t.~;~;r;.....,~",,,(:;,,~ ~~ ".:'~"":.. ~:.~' ;:1'1:"'.'.".' ,..'~~"~\~': \ ,~ ~;' "'~. "
t;;,~;~.-., ..........,,'O-( ,r, ~ :-'H....~' I, ..)<.~_...j.., I,~."~i,,", ,.'+',,, ';I~','lf"~"<'- ""d":;>..~~. .!..~~" ~~;';;;.f....,
;"~'~'~'l; ,:::.r~~I::,: :'!,t ~,'::: ~;~:':'<:. ::(!~': ;!~~::-"~E~:::: :.l~:") ':~~:."'~ ,~:~~ . \J,;::.~,' ~ ,';..(: fw \~,/;t~, r~' J~~.~; t:r~?~,~:"A-~;~J,:'f~:: ~, ~..~
~'''-\<ii~-^<~;.r:.t'''-\.).,~ ~ ,-II'.~,...'l,."._..r. ~,t ''''t(~'4~'' ~'.".r," '., ,'\'H ---.~~,,~-,),,"j~r-~" ,,-,.~,,'"
~',~,. (- ,.1;.1--:::; ,:;:. ~;;'<.::///1;-;J~,," ~,,!.',; "1f1/: t'" ...',',' ;;~. "J "~i':"'};~! ':;/;'1,.";.:,', '.,,::..: tr;:.' ' '.'~' - " '" ,q ::'1;;;....' > '. . ':,~~~,{ ..,,'j ,~:::i : ~;:r "-" '.
t;:.L1.i~,....""...;:i_......J~~.......r..j ~:;,~..>!:.. ~~.""".m,.....I,,~~..~_ti..~ ,1w'\;"~.."",,,,~"'~ ",~....,...'__" .......:.:..:J." ...'~ ",..-~ \~"-.,,,~'\;~~.
4
The lollowing conlrol m.....ures shall be
inc:orpor~ted into any pennils i..ued for the
proposed project:
Proj""t Proponent City !luilcling
Oi.vision
a. Water all a<;tive constnlction areas at !east twice
daily. or mo,... ofton as needed.
b. C~ver alltruc:ks hauling .oil, sand. and other.
loos..m.aterials or require all trucks to maintaID at
least two feee of freeboard.
e. Paleo, apply wat... three tUne; daily. or apply
(non-loxic;) soil stabilizers on all W'lpaved access
roads, p",king arees a:\I:! staging """as at
ccnsttuction sites.
d. Sweep daily (with water sweepers) all. paved
ace""'; roads, pulQng """,as and staging areas at
con:sb!ud:i.on sites.
e. $W.,.,p streets diUly (with water sweepen) if
visible soil material is carried onto adjacent public
streetS-
f. Hydrooeed or apply (non-toxic) soil stabUizen
!o inactive construction ilIe"" (pteviousiy graded
areas mactiV'e fol' ten days or Jtl.o:re).
g.. :Endl""e. cover. Water twice daily or apply (non-
toxic;) Soil binder.; to exposed stoclCpil... (dirt. sand.
etc.)
h_ Limit traffic speeds on unpaved roads !D 15
mph.
i. Irts~ sandbags or other ~rosion contral
""'E1S1U6 !D preVent oUt runoff ro public roadways-
j. ~pl~t vegetation in dis:tuxbed ;'1tefts ~8 quickly
as possible.
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4B8846E'14. CITY CF G1L..RDY elf
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Upla"ds Z"". Cha"X" Initial Str.dl/ MitiR'tltiDft MQtJitQriftJ( prOf(Fam
,.
) 11 A pre-tre. rem"val breeding s\ttVey (Mat<h 1. ProjectP.op""""t Gty Planning
J th:l:>ugh JUll. 30) of the tee.,. planned tor r~.1 Divi5ion
during ~onslruction should be oondl.lcted by .
qU4lliied biolog;..t to determine i1 any aclive birds"
of-prey nests OCt:llr in lh.e trees to be :e.moved. Ii
l theSe surveys reveal no nesting biIdso-<>f"prey nests
in *,y tre<!S to be relt\Oved. then no further
mi~gation <hall be reqlilied.. It these SUIVeys .
J revtal aclive birds-af-prey nests in trees to be
removed, the folloWing mitigation measure shall
b. requiNe!.:
J .. All active b~f-pn!Y nests shall be .voided
while the nest is occupied with adulbl a%\d/or their
youtlg (M:arch 1 thrOl.lgh JutIe 30). A voidatl""
J should include the e:ltablishment of a site-specific.
non..p;.twbance buffer ;tone oround the ne.t site
that prohibits vegetation and ttee relIloval. as
J recociaunendec:l. by . 'lu.UfieCl biologist. Tree
"unoval can begin after June 30 or when a
qu~c:I. biologist determines that the nest is no
10nJlli. belnl[ U$eQ for lhllt ...ascn.
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MitigtLtio1l MOljr.itori1l~of(l'tLm
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.~
Mitigation Monitoring Checklist D
Prior to Consitr\l.ction Acti"ities, the following mitigation xneasures shall be
implemented: .
~~~""~~~~~~~.~~,~
'l"v4}:""'_~,":.':"':"'t:,,(-:,,;:!:l'r~~,.""<:;:l1t..',/'~'~);-~~';>"'~~~\:')!~,~J~1.~'~'~.' '1.,"":',- :'L';' , ',;'-~'.', '}:,<o::"'~"'... " " :',<'~ t"- ,~
~I 1:~~!$:;~gjt~1;kri~~~l~}:ji~~JJi~~{~i;~:1~ii~,:i:~);~~l{~~~:{;~*:~~~U2~~~;~:~,::~.::~
6 Pri<lr to initiation of construction in the oak Project; Proponent Gilroy
wOQ.dland habitat, the limits of gracling shall b. Pla=ing
stakl!,Q: and surveyed by " certiiiod ",,]lorist. When! OivWcn
miniJr adjusttneIlto in the grading line could be
I1UId~ to .ave individual trees, they shoul<l be
considered, The arbDrist INIY also lIlake
reco$lmenclations for additional O''''''SUIes that
could be cQl.'lSide""Q: along thelilIlit of grading to
Iprot<:ct trees iust outside of the constnlction iU'ea_ ,
7 All n~tive ttees removed that m...t the defutltion Project Proponent . CityPIaerdng
of "Significant Tree" as defined by the City of DivisiCJt\
Gilroy Conselidated Landscape Polioy, Seo!!"" 6.0,
shall P' replaoed ..t .. ratio (not less than three trees
repla~.d for every tree lost) to be detennined in
consulta!!on with <;it)' Plarming Divisicn iU1d a
'certi.fi'ed arhexist.
S A certilfied ""haM and the city Planning Division Pn:.ject PropOllent City P1annlng
.hall review the final grading plan if o:ny Division
encroachment into the oakl sycamore ripuian
forest is proposed, The biologist shall d.tennirte if
the additional encroach.ment would oompromio.
the integrity of the Uvas Creek riparian corridor, .
If the ~.rti!i.d arborist and the city Planning
Division determines the final grading plan would
result in such a c.,,,,-promise, then the grading plan
shall b. reVio<<d accordinl',"lv.
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EMC P1R....il<g GrtJ"1' 17/c.
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certiiY that the attached
Resolution No. 2000-64 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 2nd day of October, 2000, 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 4th day of October, 2000.
.~
City lerk of the City of Gilroy
(Seal)