Resolution 2001-75
RESOLUTION NO. 2001-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 01-05, A VESTING TENTATIVE
MAP APPLICATION TO CREATE 13 SINGLE FAMILY
HILLSIDE LOTS ON APPROXIMATELY 6.6 ACRES OF A
256.5 ACRE PARCEL, APN 810-39-002.
WHEREAS, Eagle Ridge Development Corporation, the applicant, submitted application
TM 01-05, requesting approval of a vesting Tentative Map to create thirteen (13) single family
hillside lots on approximately 6.6 acres of a 256.5 acre parcel; and
WHEREAS, the property affected by TM 01-05 is located on the hillside property west of
Miller Avenue, within the Eagle Ridge development, APN 810-39-002; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council certified an Environmental Impact Report ("EIR") on October 5, 1992 in connection
with General Plan Amendment GPA 90-94, finding that the EIR was completed in compliance
with CEQA, that it reflects the independent judgment of the City, and that there is no substantial
evidence in the record that the project as mitigated will have a significant effect on the
environment; and
WHEREAS, the Planning Commission reviewed application TM 01-05 at a duly noticed
public hearing on October 10, 2001, and recommended that the City Council approve said
application; and
WHEREAS, the City Council held a duly noticed public hearing on October 15, 2001, at
which time the City Council considered the public testimony, the Staff Report dated September
27,2001 ("Staff Report"), and all other documentation related to application TM 01-05; and
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Resolution No. 2001-75
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 policies and 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 findings requiring denial of the proposed
tentative map pursuant to California Government Code Section 66474.
4. There is no substantial evidence that this project will have a significant
effect on the environment.
B. Tentative Map TM 01-05 should be and hereby is approved, subject to:
1. The forty-two (42) conditions identified in the Staff Report, attached
hereto as Exhibit A, and incorporated herein by this reference.
2. The addition of Condition 43 to read, "All construction activities shall be
restricted to the following hours:
Week days (Monday through Friday): 7:00am to 7:00 pm
Saturdays and City holidays: 9:00 am to 7:00pm
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Resollltion No. 2001-75
Sundays: No construction activities allowed."
3. The addition of Condition 44 to read, "Landscaping Plan to be developed
by the applicant for a landscape buffer and submitted to City for approval.
The adjacent property owners shall be given thirty (30) days to accept or
reject the landscaping plan, and if rejected, no landscaping buffer will be
required. "
PASSED AND ADOPTED this 5th day of November, 2001, by the following vote:
AYES:
COUNCILMEMBERS:
PINHEIRO, MORALES,
VELASCO and SPRINGER
G. ARELLANO and P. ARELLANO
SUDOL,
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
~~~
Thomas W. Springer, M
A-....
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Resolution No. 2001-75
Exhibit A
Community Development Department
Planning Division (408) 846-0440
Staff Report
September 27,2001
FILE NUMBER:
TM 01-05 (01070027) "Babbs at Eagle Ridge"
APPLICANT:
Eagle Ridge Development Corporation, c/o Susan Mineta (408) 946-1550
LOCATION:
Hillside property west of Miller Aventie;withinthe Eagle Ridge development
STAFF:
William Faus (bfaus@ci.gilrov.ca.us)
REOUESTED ACTION:
Approval of a vesting Tentative Map to create 13 single family billside lots, representing approved ROO
allocation granted by the City Council under RD 99-08. To date, Shapell has received RDO approval for 756
units, out of 890 proposed dwellings. They will need 134 units of additional RDO to complete the
development.
RD 92-03 50 50 50 50 50 50 50
RD 94-01 50 50 50 50 50 50
RD 99-08 26 40 40
Total: 100 100 100 100 76 90 90 50 50
1997
1998
1999
2001
2001
2002
2003
2004
2005
DESCRIPTION OF PROPERTY: APN: 810-39-002,6.6 acres ofa 256.5 acre parcel
STATUS OF PROPERTY:
Existinl! Land Use
Undeveloped
General PlanDesil!Jllltion
Residential Hillside
Zoning
RH
STATUS OF SURROUNDING PROPERTIES:
North:
East:
Soutb:
West:
Existinl! Land Use
Undeveloped Hillside
Single Family Homes
Undeveloped Hillside
Undeveloped Hillside
General Plan DesifPlation
Residential Hillside
Residential Hillside
Residential Hillside
Residential Hillside/Open Space
Zoning
RH
Al
RH
RH/OS
TM 01-05
2
CONFORMANCE OF REQUEST WITH GENERAL PLAN:
The proposed vesting Tentative Map application (TM 01-05) 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 following policies
of General Plan:
Urban Development and Community Design
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
developme"t 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.
Residential Environment
POLICY 1: The City will continue to work towards the goals of a balanced community
with a variety of housing types and prices, sufficient job opportunities,
and an efficient and adequate provision of City services.
Urban Growth and Development
POLICY 11: Clustered development will be encouraged as a means of obtaining variety
of design and a sense of openness.
ENVIRONMENTAL IMPACT REPORT:
A prior Environmental Impact Report (EIR), which covers this request, was considered
under General Plan Amendment GP A 90-04. At their meeting ofl 0/05/92, the Gilroy City
Council certified that the EIR was in compliance with the Califumia Environmental Quality
Act (CEQA), and reflected the independent review andjudgrnent by city staff. The City
Council adopted a Statement of Overriding Considerations pursuant to CEQA Guideline
15093, with 41 mitigation measures, and a mitigation monitoring program required by
Public Resources Code Section 21081.6. Staff bas subsequently reviewed tbis
environmental report in conjunction witb tbe subiect request and finds tbe current
proiect (TM 01-05) substantially consistentwitb all prior CEQA documentatioD. In
addition, the applicant retained LSA & Associates, Malcolm Sproul. to review proposed
plans for consistency with the certified EIR and Mitigation Measures.
The application ofthe EIR mitigation measures, as required under Resolution # 92-79, will
occur over the life of the project. Many of the measures were completed prior to fonnal
project review (i.e. supplemental traffic reports, tree survey, Tiger Salamander protection
plan), with others incorporated into prior tentative map and PUD conditions of approval.
To assure full compliance, all EIR mitigation measures are automatically applied as
a condition of approval to development applications.
09127/0]
TM 01-05
3
09/27/01
PROJECT RDO APPROVALS:
To date, the Eagle Ridge project has received Residential Development Ordinance (ROO)
approval for 756 dwelling units. Ultimate project build-out is projected at 890 units. It is
expected that Eagle Ridge will submit a ROO application for the 134 balance.
1997
1998
1999
2000
2001
2002
2003
2004
2005
RD 92-03 50 50 50 50 50 50 50
.
RD 94-01 50 50 50 50 50 50
RD 99.08 26 40 40
Total: 100 100 100 100 76 90 90 50 50
PRIOR PROJECT APPROVALS:
PUD A1S 00-33 (pUD Addendum):
Planned Unit Development (PUD) addendum approval for the Eagle Ridge project in order
to create and re-configure the lot mixture within an approved PUD. This action will result
in a net gain of 48 single family 7,000 square foot lots and 11 estates lots. In addition, the
re-configuration will resuh in a very slight increase in private and ultimate public open
space. This request was recommended for approval by the Planning Commission and
approved by the City Council in April 2, 2001.
PUD A1S 96-17:
The original Planned Unit Development (PUD) approval for the Eagle Ridge project that
created a mixture of varying lots sizes & setback configurations, to develop an eighteen
hole golf course & club house complex, to construct private streets & sidewalks, make
Uvas Creek pedestrian improvements, and dedicate to the City of Gilroy 1,070 acres of
hillside open space. This request was recommended for approval by the Planning
Commission and approved by the City Council on September 3, 1996.
TM 96-05:
Tentative Map approval to create 650 single family lots, representing approved RDO
allocation granted by the City Council under RD 92-03 and RD 94-01. This request was
recommended for approval by the Planning Commission and approved by the City Council
on September 3, 1996. (the original map was amended twice, and now accounts for 632 lots)
TM 01-05
4
09/27/01
TM 00-05:
Tentative Map creating 33 single family lots within the Eagle Ridge development,
representing approved RDO allocation granted by the City Council under RD 99-08. 1bese
single family lots are located along Muirfield Way, in the northwest section of the
development, and average around 7,000 square feet in size. 'This request was
recommended for approval by the Planning Commission and approved by the City Council
in September 2000.
TM 00-07:
Tentative Map creating 20 single family lots within the Eagle Ridge SUMMERHILL
development section, representing approved RDO allocation granted by the City Council
under RD 99-08. These single family lots are located along Lahinch Drive, in the central
section of the development. 'This request was recommended for approval by the Planning
Commission and approved by the City Council in November 20, 2000.
TM 01-01:
Tentative Map creating 55 (amended from an original 57 to create a park) single family
lots within the Eagle Ridge development, representing approved RDO allocation granted
by the City Council under RD 94-01 and RD 99-08. These single family & custom hillside
lots are located along Troon Way, in the western most section of the development. 'This
request was recommended for approval by the Planning Commission and approved by the
City Council in April 2, 2001.
ANALYSIS OF REQUEST:
, The proposed vesting Tentative Map will create 13 single family hillside lots
(planned for custom designed homes) witbin tbe Eagle Ridge development. As
submitted, the "Babbs" tentative map project is substantially consistent witb all
prior approvals (botb RDO & PUD) granted by tbe Planning Commission and City
Council.
The ultimate project development, at full build-out, is expected to have a total of 890
dweUing units. The subject request depicts 13 of these proposed lots. These single family
hillside lots (developed under individual Architectural & Site Review applications) will be
located west of Miller Avenue, just west of the serpentine hill section of the project site.
The custom hillside lots will range in size from 10,000 to 16,930 square feet (averaging
13,647 sq.ft.), and will be developed under the framework of the established PUD
development standards (as reviewed and approved by the Planning Commission and City
Council under PUD AlS 96-11). In addition, all original and amended EIR mitigation
measures are automatically applied as a condition of approval to development applications.
TM 0]-05
5
Breakdown of the existing tentative map request and prior TM approvals:
Prior TM
approvals
current
reQuest
TM 01-05
Full Project
Buildout
141 units
644 units
70 units
35 units
890 units
Clustered Courtyard Homes
7,000 sq. ft. Lots
10,000 sq.ft. Lots
Estate Lots
Total number of units
141 units
504 units
70 units
25 units
740 units
13 units
13 units
The applicant has worked with staff and adjacent property owners in order to diminish
potential development impacts by incorporating the following design features into the
proposed tentative map configuration:
>> AU 13 parcels are proposed as custom single family hillside lots, requiring individual
Architectural & Site Review applications for each.
>> Initial grading will be limited to private streets only, custom lots will not be pre-
graded.
>> AU proposed grading has been pulled away from the northerly Thomas property line by
a minimum of eight feet.
>> The front yard building envelope forlots #9, #10, and #11 have been increased from
20 feet to 35 feet, creating an overall 85' setback from the adjacent property line.
>> The front yard envelope for lot #8 has been increased from 20 feet to 25 feet.
Access to the 13 hillside parcels will be provided from a private street that runs parallel to
Miller Avenue. This street will also be used for access to two water storage tanks, now
under construction just west of Miller Avenue, at the Santa Teresa Boulevard intersection
The applicant will provide, as a condition of approval, an easement across this street, that
will facilitate the future access to the Bay Area Ridge Trail This proposed easement (the
specific location & width) has been coordinated with the Operation Services Division of
the City's Community Services Department, in concert with the Bay Area Ridge Trail
representatives.
Tbe submitted vesting Tentative Map (TM 01-05) is substantially consistentwitb the
City's General Plan land use map wbich designates the site as RESIDENTIAL
HILLSIDE. As submitted, tbe requested vesting Tentative Map is consistent with
the intent of the City's General Plan text and Land Use Map, Zoning Ordinance,
Subdivision & Land Development Code, tbe California State Subdivision Map Act,
and prior RDO buildout approvals granted by the City Council under RD 92-03, RD
94-01, and RD 99-08.
09/27/01
TM 01-05
6
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission forward a
recommendation to the City Council to approve this vesting Tentative
Map, with the attached 42 conditions of approval (dated 09/26/01\, for
the following reasons:
A. The proposed vesting Tentative Map is substantially consistent with the approvals
granted to the developer by the City Council under the Residential Development
Ordinance (RD 92-03, RD 94-01, and RD 99-08);
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 vesting Tentative Map is consistent with the Zoning Ordinance and the
City's Subdivision and Land Development Code;
D. The proposed vesting Tentative Map is consistent with the Califumia State Subdivision
Map Act;
E. Public utilities and infrastructure improvements needed in order to serve the proposed
project are in close proximity; and
F. There will be no significant environmental impacts as a result of this project due to the
required mitigation measures to be applied.
Respectfully,
Faus
Planning Division Manager
bfaus@ci.l!ilroy.ca.us
Attached: Conditions Of Approval, dated 09/26/01
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TM 01-05 CONDITIONS OF APPROVAL
09/26/0 I
1. The Subdivider shall defend, indell1lli1Y, 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 COImcil, Planning Commission,
or other board, advisory agency, or legislative body concerning this subdivision. City will
promptly notify the subdivider of any claim, action, or proceeding against it, and will
cooperate fully in the defense. This condition is imposed pursuant to California Government
Code section 66474.9.
2. The Developer shall comply with the rmtlgation measures of the Environmental Impact
Report (EIR) for this project as adopted in Resolution 92-79 and as set forth in Exlnoit "A" of
such Resolution, adopting findings, mitigation measures, and statements of overriding
consideration, and Exhibit "B" of such Resolution, setting forth a mitigation monitoring
program. This includes the Tiger Salamander Mitigation Plan (by LSA, dated 9/8/96). The
developer shall also comply with the traffic mitigation measures in the Traffic Analysis
Report (by Keith Higgins & Associates, dated July 1996). See also item 3E of these
Conditions. The Developer shall be responsible for design, right-of-way dedication,
construction, monitoring, and other costs associated with the mitigation measures.
3. An Improvement Agreement for each phase shall be executed between the Developer and the
City for constructing and funding the various public and private improvements associated
with this project.
4. The following designates the responsibilities ofTM 01-05 for construction, maintenance, and
funding of various areas and systems within this project. The Vesting Tentative Map shall
conform to these requirements. Details of each shall include enforcement and cost recovery
mechanisms for the henefit of the City, shall be subject to review and approval by the City
Engineer and City Attorney.
a Private Open Space, Private Streets, and Storm Water System. The Homeowners
Association (HOA) assumes all responsibility for maintenance of such improvements.
The Association shall follow the management plan and weed abatement plan approved
by the City Engineer and implementation by the Association.
b. Tiger Salamander Area. The Homeowners Association shall maintain and monitor
of all designated areas and comply with the Salamander Mitigation Plan.
c. Maintenance District No.1. The Developer shall annex this project to Maintenance
District No. #1 to provide a mechanism for payment of additional costs of
maintenance for the water system, the sanitary sewer system and the storm drain
system.
d. Traffic Impact Mitigation. Incorporated into Improvement Agreements between the
Developer and the City. Based initially upon evaluation of data presented in the Traffic
Analysis Report (Keith B. Higgins & Associates, July 1996).
The Improvement Agreement shall require development of a traffic monitoring program by the
Developer with an identified monitoring schedule and criteria, and a process for phasing the
mitigation requirements in response to the monitoring results.
The City Engineer shall determine the. mitigation measures required to be designed,
constructed, and funded by the Developer with each respective phase of Eagle Ridge
development. These resulting requirements including funding, credits and reimbursements,
shall be itemized in the improvement agreement for the phases in which each improvement is
required. The agreement shall also require payment of Traffic Impact Fund (TIF) fees, plus a
one-time payment of $30,000 for Eagle Ridge's pro-rata share of SR 10l/Castro Valley
improvements in the last phase. If the Santa Teresa Boulevard extension to SR 101 is
scheduled prior to Castro Valley construction, the $30,000 may be used by the City for the
Santa Teresa project.
e. CC&Rs. The Developer shall submit Conditions, Covenants, and Restrictions (CC&Rs) for
review and approval by the City Attorney, which shall require compliance with those
conditions of approval applicable to the declarant or Homeowner's Association and shall be
recorded against the project.
5. The Developer shall pay the following development impact fees in accordance with relevant City
ordinances and procedures. The amount of the fee for each lot is that fee in place at the time of
approval of the Final map for subject lot.
. School
. Police
Park
Fire
Traffic
Storm
Sewer
Public Facilities
Water
Library
6. The Developer shall update the "Safer Route to School" plan for the overall development as part of
the Phase I Final Map process. This plan shall be reviewed and revised by the Developer at each
subsequent phase. The plan and any revisions sha1I be subject to review and approval by the City
Engineer.
7. The developer shall provide 40 linear feet of frontage for lot 7.
8. Retaining walls shall be constructed with permanent materials such as concrete, steel, rock, or
masonry, subject to review and approval by the City Engineer. Modular system walls are preferred.
9. Grading operations shall conform to the requirements of the Eagle Ridge Geotechnical Exploration
Report (by ENGEO, dated October 24, 1995).
10. The developer shall install sidewalk at frontage along Miller.
] 1. This development shall conform to the Hillside Development Guidelines, except as modified on this
tentative map (and subsequent revisions) and approved through the PUD process, and subject to
review and approval of the City Engineer.
12. The Developer understands that approval of the Vesting Tentative Map does not imply City approval
of the various development master plans for infrastructure systems. Each phase of the development
will require specific study and design by the Developer of infrastructure systems serving that phase,
subject to review and approval by the City Engineer.
EASEMENTS AND DEDICATIONS
13. The Developer shall provide an irrevocable offer of dedication to the City for areas shown on the
Vesting Tentative Map as Open Space. Open space to remain private until accepted by the City. Such
Open Space shall have street frontage and an area large enough to provide a staging area for future
on-street parking and public access, subject to review and approval by the City Engineer. Prior to
City acceptance of the open space, the applicant shall work with the City to help resolve the issues of
operation and maintenance of the open space, including the possible need for funding and related
options which may include, but are not lirnited to: a maintenance district, land trust, endowment or
some other type of district acceptable to the City.
14. The developer shall provide a drainage easement on lot 13.
15. The developer, by separate instrument, shall provide an easement for the future Zone 2 water line
connecting from Winged Foot Drive through the undeveloped area lots 5 and 6 of tract 9302 to Miller.
STREETS
16. All streets shall be privately owned and maintained by the Home Owners Association.
1 7. The Developer shall construct all-weather interim access roads not less than 20 feet in width for Fire
access, as well as an approved water supply system capable of providing adequate fire flow, prior to
beginning combustible construction, subject to review and approval of the Fire Marshal and City
Engineer.
18. Dead end access roads in excess of 150 feet in length shall terminate at a paved turnaround with a
radius of not less than 39 feet or a hammerhead turn around approved by the City Engineer to
accommodate fire vehicles. All turnarounds are subject to review and approval by the City Engineer.
SANITARY SEWER
19. The sanitary sewer shall be a gravity system, designed and constructed using the City's standards and
shall be subject to review and approval by the City Engineer.
STORM WATER AND WATER QUALITY
20. To ensure water quality, the Developer shall conform to Federal and State Non-Point Discharge
Elimination Program (NPDES) requirements. This includes filing a Notice of Intent with the State
Department of Water Resources and preparing a Storm Water Pollution Prevention Plan.
21. The developer shall provide energy dissipation at outlets prior to grass swales.
WATER SYSTEM
22. The Developer shall install, test, and make operational an approved water supply system capable of
providing adequate fire flow serving each phase of development, prior to start of combustIble
construction, subject to approval by the Fire Marshal.
23. The Developer shall install two-inch water service for all homes.
24. The Developer shall install pressure reducing devices when the pressure exceeds eighty (80) pounds
per square inch.
25. The Developer shall mark Zone I and Zone II water lines, valves, hydrants and meters. The marking
system shall be approved by the City Engineer.
26. The Developer shall install City-standard fire hydrants not more than 300 feet apart on all streets
within the development. The locations shall be subject to approval by the City Engineer and Fire
Marshal
27. The Developer shall perform a fire flow test and correct all deficiencies, in a manner subject to
approval of the Fire Marshal
28. Existing wells shall be capped by the Developer in accordance with applicable City and County
standards.
29. The developer shall install all future Zone 2 water lines across Miller Avenue (three locations.)
BUILDING LOTS
30. The Developer shall conduct grading operations in conformance with the Tree Protection Plan.
Exceptions may be granted by the Planning Division Manager for special circwnstances.
FIRE PROTECTION
31. In order to address potential fire safety issues, outlined within the prior Ern. RESIDENTIAL FIRE
SPRINKLER SYSTEMS, DESIGNED AND INSTALLED IN ACCORDANCE WITH N.F.P.A.
STANDARDS, SHALL BE REQUIRED ON ALL BUILDINGS WITHIN TIllS VESTING
TENTATIVE MAP, subject to review and approval by the Fire Marshal.
32. Class "A" fire-retardant roofing shall be installed on aU buildings.
33. AU roof eaves shall be "boxed-in", with one-hour fire resistive construction.
34. Exterior ventilation openings shall be limited to 144 square inches and shall be covered with non-
combustible 1/4-inch metal screen.
35. AU exterior walls shall be one-hour fire-resistive construction.
36. Spark arresters shall be installed on all chimneys.
37. Cantilevered decks shall be protected on the underside by one-hour fire resistive construction. Fire
retardant planting within private landscaping areas shall be required for all lots where sprinklered
buildings are required and B-1 & A-I parcels (30-foot wide fire easements).
38. Lot 7 shall have an approved fire engine turn around within 150 feet of the house and the driveway
shall be a minimum of 16 feet wide.
39. The 30-foot wide fuel modification zone shall be established along the hillside exposure of the
building lots prior to construction of each home. The fuel modification zone shall consist of irrigated,
approved, low fire hazard vegetation. A plan for the installation and maintenance shall be submitted
and approved by the Fire Marshall prior to building penrut issues.
RESIDENTIAL DEVELOPMENT ORDINANCE
40. Unless this project is exempt from the application of the City's Residential Development Ordinance
("RDO", City Zoning Ordinance Sections 50.60 et seq.), no building penrut 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 defauh under any agreement entered into
with the City in connection with such development pursuant to the RDO.
41. For each approved build-out year (2000 through 2005), the developer will be allowed to receive
building penruts, for individual homes, in number corresponding directly to the amount granted to the
project by the City Council under the 1992/1994/1999 RDO allocations (RD 92-03, RD 94-01, and
RD 99-08).
SANTA CLARA VALLEY WATER DISTRICT
42. To prevent pollutants from construction activity, including sediments, from reaching Uvas-Carnadero
Creek, follow the Santa Clara Urban Runoff Pollution Prevention Program's recommended Best
Management Practices (BMP) for construction activities, as contained in "Blueprint for a Clean Bay"
and the "California Storm Water Construction BMP Handbook," subject to the review and approval
by the Santa Clara Valley Water District and the Planning Division.
I:\PLANNINGISCHAPELL\BABBS VTM OI~S. conditiomofapprovaJ (draft].doc
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certity that the attached
Resolution No. 2001-75 is an original resolution, duly adopted by the Council ofthe City of
Gilroy at a regular meeting of said Council held on the 5th day of November, 2001, 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 8th day of November, 2001.
(Seal)