Resolution 2001-77
RESOLUTION NO. 2001-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 99-11, A TENTATNE MAP TO
SUBDNIDE AN APPROXIMATELY 11 ACRE SITE INTO 12
HILLSIDE RESIDENTIAL LOTS LOCATED ON VISTA DEL
SUR AT THE END OF RANCHO REAL, APNs 783-03-003, 783-
03-070,783-03-071, AND 783-03-072.
WHEREAS, Forest of Gilroy L.L.C., the applicant, submitted TM 99-11, requesting a
Tentative Map to subdivide an approximately 11 acre site into twelve (12) hillside residential
lots; and
WHEREAS, the property affected by TM 99-11 is located on Vista del Sur at the end of
Rancho Real, APNs 783-03-003,783-03-070,783-03-071, and 783-03-072; and
WHEREAS pursuant to the California Environmental Quality Act (CEQA), the City
Council adopted a Negative Declaration in February 1993 in connection with a previous request
for this project, finding that the Negative Declaration 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 99-11 at a duly noticed
public hearing on November 1, 2001, and recommended that the City Council approve said
application; and
WHEREAS, the City Council held duly noticed public hearing on November 19, 2001 at
which time the City Council considered the public testimony, the Staff Report dated "REVISED
\CDS\535145.1
04.112704706002
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RESOLUTION NO. 2001-77
October 23, 2001," ("Staff Report") and all other documentation related to application TM 99-
11; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds as follows:
1. The project is consistent with the land use designation and relevant
policies ofthe General Plan.
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 as mitigated
will have a significant effect on the environment.
B. Tentative Map TM 99-11 should be and hereby is approved, subject to:
1. The thirty-two (32) conditions described in the Staff Report.
2. The fourteen (14) mitigation measures set forth in the Negative
Declaration and the MitigationIMonitoring Program, attached hereto as Exhibit A
and incorporated herein by this reference.
\CDS\535145.1
04.112704706002
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RESOLUTION NO. 2001-77
PASSED AND ADOPTED this 3rd day of December, 2001 by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and
SPRINGER
NONE
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
NONE
NOES:
APPROVED:
~~
Thomas W. Springer, Mayor
~
~
ATTA- i /j
~#Wt,,_~.
Rho da Pellin, CitY Clerk
\CDS\535145,1
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RESOLUTION NO. 2001-77
'T'l\. K on f 1
A
EXHIBIT A
n~..:~~....J 1 r\/.,..,IA1
B. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision
and Land Development Code.
C. Public utilities and infrastructure improvements needed in order to serve the proposed project are
in close proximity.
D. There will be no significant environmental impacts as a result of this project due to the required
mitigation measures to be applied.
E. The proposed project is consistent with surrounding development.
Staff recommends that the following conditions be placed on the approval of this request:
Planning Division (contact Melissa Durkin at 846-0440)
1. MITIGATION MEASURES # 1 THROUGH #29, contained within the adopted Negative Declaration
for this property shall be applied to the approval of the project in order to reduce and/or mitigate all
potential significant impacts to a level of insignificance, as required under the California
Environmental Quality Act (CEQA). This shall be subject to the review and approval of the Planning
Division.
2. 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, and employees to attack, set aside, void, or
annul an approval of the City, City Council, Planning Commission, or other board, advisory agency,
or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim,
action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed
pursuant to California Government Code Section 66474.9.
3. Walls exceeding four feet in height must be stepped and/or landscaped, as the discretion of the
Planning and Engineering Divisions.
4. With the exception oflots 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.
5. Future homes developed within this subdivision shall be subject to the Architectural and Site Review
application process.
Engineering Division (contact Kristi Abrams or Don Nunes at 846-0450)
6. 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.
TM 99-11
5
Revised 10/23/01
7. 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.
8. 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 Engineering Division.
9. 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 Engineering Division.
10. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara
Valley Water District (SCVWD).
11. Prior to Council approval ofthe 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.
D. The City will collect the plan check and inspection fee for the utility underground work. '
12. 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.
B. A letter from the design Civil Engineer that states the electrical plan conforms to City Codes and
Standards, and to the approved subdivision improvement plans.
This shall be subject to review and approval by the Engineering Division.
13. 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 by the Engineering Division.
14. All lots shall drain to the street for storm drainage, subject to the review and approval of the
Engineering Division.
15. The developer shall provide joint trench composite plans for the underground electrical, gas,
telephone, cable television, and communication conduits and cables including the size, location and
details of all trenches, locations of building utility service stubs and meters and placements or
arrangements of junction structures as a part of the Improvement Plan submittals for the project. The
composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer.
This shall be subject to the approval of the Engineering Division.
16. 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.
17. A dedication is required for Highway 152 within 120 days after the approval ofthis Tentative Map.
The 20-foot dedication to the south of this site is not adequate.
18. ModifY the utility note shown on sheet I to say, "Sanitary sewer & storm drain between Hecker Pass
and Uvas Creek shall be sized in accordance with the Hecker Pass Specific Plan area. The location
shall be as shown on this map."
19. Provide right-of-way for the access road at water and storm easement.
20. Show the right-of-way for the pump station. Call this out as a future Zone 3 pump station.
21. The retaining wall for the emergency access road will require "natural rock" facing and a guardrail.
22. Guardrails shall be provided on streets meeting the criteria of Chapter 7 ofCalTrans's traffic manual
and/or at the direction ofthe City Engineer.
23. Provide engineering calculations for the wall prior to final map approval.
24. Provide additional detail for the detention pond and storm drain release.
25. Show the fire truck template for the emergency access road.
26. Storm drainage calculations are required prior to final map approval.
27. Provide a statement that cut and fill will be minimized and homes stepped on hillside lots.
28. Certification of grades and compaction are required prior to paving (add to general notes on the title
sheet of plans).
29. Certification of improvements on site plans are required prior to Building final (add to general notes
on the title sheet of plans).
30. If the project has excess fill that will be off-hauled to a site within the city limits of Gilroy, an
additional permit is required (add to general notes).
Fire Department (contact Rodger Maggio at 846-0430)
31. The Building, Life, and Environmental Safety Division shall approve all hydrant locations and water
main sizing prior to building permit issuance. Equipment and staffing shall be provided for watering
of all exposed or disturbed soil surfaces at least twice daily. An appropriate dust palliative or
suppressant, added to water before application, shall be utilized, subject to review and approval by
the Building, Life, and Environmental Safety Division.
TM99-l1
7
Revised 10/23/01
32. An all-weather access road for fire engines shall be provided before commencing any combustible
construction. Fire hydrants shall also be installed and maintained before combustible construction
begins. This condition shall be subject to the review and approval of the Deputy Fire Marshal.
Respectfully,
~.1V\~~ fJ~", -0""
William Faus
Plarming Division Manager
bfaus{aJci. gilroy .ca. us
Planning Commission Action
At their November 1, 2001 meeting, the Planning Commission recommended approval ofTM 99-11 with
the 32 mitigation measures in the stafIreport and the following changes to conditions 17 and 27:
] 7 _ A dedication is required for Highway 152 within 120 days after the approval of this Tentative
Map. The 20-foot dedication to the south of this site is not adequate. The dedication must be
deemed acceptable by the Engineering Division prior to Final Map approval.
27. Provide a statement that cut and fill will be minimized and that homes structures mllst be
stepped on hillside lots.
This recommendation was made by a vote of7-0.
EXHiJH'l' Jl
Planning Department
NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
city F~le Numbers: TN 92-001
PROJECT DESCRIPTION:
Name of Project:
Nature of Project:
The Forest Tentative Map
Request to subdivide five parcels totalling 86.1 acres
into 40 lots, 15 lots of which are under this
application, "and perform design reviews of the homes
resulting fram this subdivision.
PROJECT LOCATION:
Location: Between Hec~er Pass Road and Mantelli Drive,
west of Rancho Real at the end of vista Del
Sur.
Assessor's Parcel Numbers: 783-03-003, ~020, 031 and 032 3~
Entitv or PersoD(sl UndertakiDQ proiect:
Name:
Address:
Tim Filice and John Filice
7888 Wren Avenue, suite D 143, Gilroy, CA 95020
INITIAL STUDY:
An Expanded 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.
FINDINGS & REASONS:
The Initial study identified potentially significant effects on the
environment. However, the 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 extension of the existing urban, land use,
and zoning patterns of this area.
2. Identified adverse impacts such as the effect on school impacts and
increase in traffic generated from this project are proposed to be
mitigated through school impaction fees, and construction of off-site
improvements.
preliminary Negative Declaration TM 92-01,
2
08/25/92
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.
MITIGATION MEASURES:
1. The project proponent shall incorporate all recommendations and
mitigation measures in the Geotechnical InvestiQation for Rancho Real.
Tract 7350. Phase lA by Reynolds Associates, February 12, 1992. All
future Tentative Map applications for this property shall require
separate geotechnical investigations, subject to review and approval by
the city of Gilroy Planning and Building Departments.
2. The final and improvement plans for each phase shall be included as a
deed restriction on each lot to notify future home builders of the
required construction standards. The final map and improvement plans for
each phase shall be subject to review and approval by the Gilroy public
Works Department prior to recordation of the final map.
3. The design of all storm drainage and sewer line improvements serving the
project site shall be provided by the developer and shall be subject to
the review and approval of the city Department of Public Works.
4. The design of all street improvements serving the project site shall be
provided by the developer, and shall be subject to the review and
approval of the City Department of Public Works.
5. The applicant shall prepare a revised biological survey to determine the
existence of any rare or endangered species on site, and incorporate the
results of that survey, subject to review and approval by the City
Planning Department.
6. All native trees shall be preserved. Where removal is necessary, the
developer shall submit a replanting/replacement program prior to issuance
of a grading permit for subdivision improvement construction, subject to
the approval by the City Planning Department.
7. The developer shall prepare a detailed arborist report of the site to
determine what measures are necessary to protect the existing trees
during project demolition, construction and landscaping, subject to the
review and approval by the City Planning Department.
8. prior to the development of the site, the developer shall, pay required
City of Gilroy Public Safety Impact fees.
9. The design of all street improvements serving the project site shall be
provided by the developer, subject to the review and approval by the City
Department of Public Works.
preliminary Negative Declaration TM 92-01,
3
08/25/92
10. The developer shall construct all utilities to, through, and on the site
underground, subject to the review and approval of the City Department of
Public works.
11. The developer shall contribute to any necessary signalization on Santa
Teresa Boulevard, subject to the approval of the Director of Public
works.
12. The applicant shall reach an agreement with the City of Gilroy Fire Chief
to off-set project impacts on the Operations Division, prior to approval
bf a final map, subject to review and approval of the City Attorney.
13. The future development of this site shall conform to the Uniform Fire
code, subject to the review and approval of,the city Fire Department.
14. prior to development of the site, the developer shall pay required City
of Gilroy Parks & Recreation impact fees.
15. prior to approval of a final'map for any phase of the proposed project,
the applicant shall demonstrate to the satisfaction of the City Fire
Marshall that adequate water pressure and supply can be provided to the
proposed project. In addition, the final map shall provide for
construction of all infrastructure, according to the Gilroy Fire Codes,
necessary to provide fire service to the project.
16. The future development of the site shall conform to the City of Gilroy'S
Consolidated Landscaping policy, subject to the review and approval of
the City Planning Department.
17. The developer shall provide the required impact fees to the Gilroy
unified school District prior to issuance of a grading permit.
18. Exposed earth surfaces shall be watered during clearing, excavation,
grading and construction activities.
19. Throughout excavation activity, haul trucks shall use tarpaulins or
other effective covers at all times.
20~ upon completion of construction, revegetation and repaving measures shall
be taken to reduce wind erosion.
21. All phases of development, to include design layouts and specific site
considerations, shall be addressed fully within ,the city of Gilroy'S
Architectural and site Review procedures.
22. The obstruction of views and blockage of view corridors from Hecker Pass
Highway shall be minimized by limiting the height of development to a
level consistent with surrounding natural features. All structures in
the hillside area shall be limited to a maximum height of 30 feet.
preliminary Negative Declaration TM 92-01,
4
08/25/92
23. Views of the future development should be "softened" through the use of
sensitive building siting, architectural creativity, berming, vegetated
buffer strips, building setbacks and appropriate landscaping.
24. The developer shall submit a detailed plan for all exterior lights, as
part of the building permit review process. The lighting plan shall
incorporate design elements that will minimize the potential for light
and glare impacts on adjacent properties. The lighting plan shall be
subject to the review and approval of the city Planning Department.
25. Builders of individual home sites shall prepare a lighting plan to
include fixtures which are energy efficient and low glare in order to
reduce or eliminate glare to the project residents or neighboring
residents~
26. Noisy operations shall be scheduled for the daytime hours of 7:00 a.m. to
7:00 p.m. so as to avoid the more sensitive evening and nighttime hours.
27. The developer shall provide for an archeological reconnaissance of the
site prior to the issuance of any building permits, subject to the
approval of the city Planning Department.
28. Drainage shall be controlled away from all structures and pavements.
29. The project shall be designed in accordance with earthquake design
regulations of the uniform building code, subject to the review and
approval of the city Building Department.
Date Prepared: August 26, 1992
End of Review period: Sept. 21, 1992
Date Approved By city council:
Michael Darn, Director of Planning
[
Appendix E
The Forest Residential Subdivision Initial Study
Mitigation Monitoring Program
Introduction
On January 1, 1989, the California State Legislature passed into law Assembly
Bill 3180. This bill requires all public agencies to adopt reporting or monitoring
programs when they approve projects subject to an environmental impact report
(EIR) or a negative declaration (ND) 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.
A definitive set of project conditions would include enough detailed information
and enforcement procedures to ensure the measure's compliance. This monitor-
ing program is designed to provide a mechanism to ensure that mitigation mea-
sures and subsequent conditions of project approval are implemented.
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
significant adverse environmental effects to levels of insignificance. These
mitigation measures become conditions of project approval which the project
proponent is required to complete during and after implementation of the
proposed project.
The attached checklist (Attachment A through Attachment E) is proposed for
monitoring the implementation of the mitigation measures. This monitoring
checklist will contain all appropriate mitigation measures contained in the
initial study.
Monitoring Program Procedures
It is recommended that the City of Gilroy utilize the attached monitoring
checklist for the proposed project The monitoring program should be imple-
mented as follows:
1. The City of Gilroy Planning Director should be responsible for
coordination of the monitoring program, including the monitoring
checklist. The Planning Director should be responsible for completing the
monitoring checklist and 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 Director 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 Director.
3. Prior to issuance of an occupancy permit, the Planning Director 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 Director,
describing the non-compliance and requiring compliance within a specified
period of time. Ifa non-compliance still exists at the expiration of the spec-
ified period of time, construction may be halted and fines may be imposed
at the discretion of the City of Gilroy.
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Mitigation Nature of Mitigation
Number
party
Responsible for Party Responsible for
Implementation Monitoring
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Attachment A
MITIGATION MONITORING PROGRAM CHECKLIST
The Forest Residential Subdivision Initial Study
Prior to submittal of a Tentative Subdivision Map for phases IB and 2, the
following mitigation shall be implemented:
1 Geotechnical investi at;on
Pro'ect Pro onents Cit Plann;n Director
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Attachment B I
MITIGATION MONITORING PROGRAM CHECKLIST
The Forest Residential Subdivision Initial Study I
Prior to approval of the Tentative Subdivision Map, the following mitigation shall I
be implemented:
Party I
Mitigation Nature of Mitigation Responsible for Party Responsible for
Number Implementation Monitoring
Revised biololrical survey City Plannin.,. Director I
3 Proiect Prooonents
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Attachment C
MITIGATION MONITORING PROGRAM CHECKLIST
The Forest Residential Subdivision Initial Study
Prior to Recordation of the Final Map of any of the phases in the proposed
project, the following mitigations shall be implemented:
Party
Mitigation Nature of Mitigation Responsible for Party Responsible for
Number Implementation Monitoring
2 Mitigation measures in Project Proponents City Public Works Director
geotechnical investigations for
all phases included in final map
and improvement plans
6 Demonstration to adequately Project Proponents City Fire Marshall
provide water pressure and
sunnlv
10 Li!!htin!! Desil!ll Plan Proiect Proponents City Plannin!! Director
Attachment D
MITIGATION MONITORING PROGRAM CHECKLIST
The Forest Residential Subdivision Initial Study
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Prior to issuance of Grading Permits, the following mitigations shall be I
implemented:
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Party
Mitigation Nature of Mitigation Responsible for Party Responsible for
Number Implementation Monitoring
4 Tree replanting/replacement Project Proponents City Planning Director
prO(!Tam
5 Tree replanting/replacement Individual City Planning Director
orO(!Tam Deve]ooers
8 Contractor specifications Project Proponent City Building Department
& Individual
Develooers
9 Conceptual and final project Individual City Planning Director
siting, architectural, and Developers
landscaoinF olans
12 Construction specifications to Individual City Planning Director
insure indoor and outdoor noise Developers
levels are below maximum levels
13 Cultural resources language City Building City Planning Director
included in grading and building Department
permits for major subdivision
improvements and individual
home construction oroiects
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Attachment E
MITIGATION MONITORING PROGRAM CHECKLIST
The Forest Residential Subdivision Initial Study
Prior to the issuance of Building Permits, the following mitigations shall be
implemented:
Party
Mitigation Nature of Mitigation Responsible for Party Responsible for
Number Implementa tion Monitoring
7 Impact fees paid to school Individual City Planning Director
district Develoners
11 Lighting Plan Individual City Planning Director
Develoners
13 Cultural resources language City Building City Planning Director
included in grading and building Department
permits for major subdivision
improvements and individual
home construction nroiects
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(Seal)
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2001-77 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 3rd day of December, 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 11th day of January, 2002.
City lerk of the City of Gilroy