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Resolution 2003-16 Resolution No. 2003-16 RESOLUTION NO. 2003-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM02-08, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 2.1 ACRE SITE INTO 10 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED SOUTH OF SUNRISE DRIVE AND WEST OF OHLONE WAY, APN 783-20-005. WHEREAS, Pinn Brothers Construction, Inc., the applicant, submitted TM 02-08, requesting a tentative map to subdivide an approximately 2.1 acre site into ten (10) lots, located on the south side of Sunrise Drive and west of Ohlone Way, APN 783-20-005; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City prepared a mitigated Negative Declaration for a previous phase of the project that is applicable to this phase of the project, which mitigated Negative Declaration was adopted by the City Council in December 2001; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 6, 2003, at which time the Planning Commission considered the public testimony, the Staff Report dated January 31, 2003, and all other documentation related to application TM 02-08, and recommended that the City Council approve said application with conditions; and WHEREAS, the City Council held a duly noticed public hearing on February 18, 2003, at which time the City Council considered the public testimony, the Staff Report dated January 31, 2003, and all other documentation related to application TM 02-08; and WHEREAS, the City Council determined that twenty-four (24) conditions should be incorporated into the project as proposed by staff and determined to modify two (2) of those conditions; and \NVH\580762.1 01.022103.04706002 -1- Resolution No. 2003-16 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 the intent of the goals and policies ofthe General Plan. 2. The project is consistent with the Zoning Ordinance, the City's Subdivisions and Land Development Code, and the State Subdivision Map Act. 3. Public utilities and infrastructure improvements needed to serve the proposed project are in close proximity. 4. The project is consistent with surrounding development. 5. There is no substantial evidence in the entire record that the project as mitigated will cause a significant environment effect. 6. There are no facts to support the findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474. \NVH\580762.1 01.022103--04706002 -2- Resolution No. 2003-16 B. Tentative Map TM 02-08 should be and hereby is approved, subject to the twenty- four (24) conditions attached hereto as Exhibit A, and the mitigation measures and MitigationlMonitoriing program attached hereto as Exhibit B, both attachments incorporated herein by this reference. PASSED AND ADOPTED this 3'd day of March, 2003, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: CL .~ Thomas W. Springe \NVH\580762.1 01.022103.04706002 -3- TM 02-08 FINAL CONDITIONS OF APPROVAL Planninl! Division (contact Melissa Durkin at 846-0440) 1. MITIGATION MEASURES #1 THROUGH #9, contained within the Negative Declaration for this property shall be applied to the approval of the proj ect 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. Future homes developed within this subdivision shall match the home design approved through Architectural and Site Review application AlS 02-03. 3. The developer shall disclose to every future homebuyer that a City park, with a community center and an associated parking lot, will be constructed adjacent to this site. 4. The developer shall disclose to the buyer oflots one through five that a paved Emergency Vehicle Access and a parking lot for the future City park will be developed adjacent to that lot 5. The developer shall place a sign at the intersection of Future Street A and Sprig Way that discloses that Sprig Way will be extended to Eagle View Way. 6. The name of Future Street A is subject to the review and approval of the City's Street naming Task Force. Citv Attornev (contact Linda Call on at 286-5800) 7. The subdivider shall defend, indemnity, 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 notity 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. 8. With the exception of lots that received an exemption from the application of the City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. EXHIBIT A TM 02-08 Final Conditions of Approval 2 2/19/03 En2ineerin2 Division (contact Kristi Abrams or Don Nunes at 846-0450) 9 All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show grades of all adjacent properties, and shall be subject to the approval of the Engineering Division. 10. 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. II. 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. 12. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD). 13. Prior to Final Map approval and approval of the 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. 14. 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. E. 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. ] 5. 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 and Building Divisions. 16. 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 engmeer. 17. All lots shall drain to the street for storm drainage, subject to the review and approval of the Engineering Division. EXHIBIT A TM 02-08 Final Conditions of Approval 3 2/19/03 18. 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. 19. The developer shall acquire all required dedications for Future Street A and Sprig Way prior to final Map submittal 20. Improvement plans shall include an erosion control plan. Fire DeDartment (contact Rodger Maggio at 846-0430) 21. 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. 22. 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. 23. Hydrants shall be placed so that a hydrant is available for every 300 lineal feet of street. Private property that is in excess of 150 ft deep shall have additional hydrants installed so that buildings are within 150 ft of a hydrant. The hydrant locations shall be reviewed and approved by the Deputy Fire Marshal. When property and/or building setbacks, fire access, including street width, is less than Building, Fire and/or City Standard, additional mitigation shall be provided by installation of residential fire sprinklers. 24. Fire engine access within 150' of any portion of a building shall be provided. Roads shall be all weather and capable of supporting a 40,000 lb apparatus and provide an inside turn radius of39'. Fire access roads greater than 150 ft shall be provided with a turnaround using the Gilroy Fire Department template. Fire access shall not have a slope greater than 15 %, nor be less than 20 ft in width. Dead end streets (cul-de-sacs) shall not be longer than 800 ft. Fire access to be reviewed and approved by the Deputy Fire Marshal. EXHIBIT A EXHIBIT B Pinn Brothers Subdivision Mitigation Monitoring Program Introduction CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's cornpliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions ofproject approval are implemented. Monitoring Program The basis for this monitoring prograrn is the rnitigation rneasures included in the project environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. 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 is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the environmental impact report. Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: I. The Gilroy Community Development Department should be responsible for coordination of the monitoring prograrn, including the rnonitoring checklist. The Community Development Department 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. Clly of Gilroy I I I I I I I I I I I I I I I I I I I Pinn Brothers Subdivision Mitigation Measure Checklist The following mitigation measures shall be implemented prior to issuance of a grading pennit: Mitigation Measure 1 The following dust control measures shall be incorporated into all penn its for any phase of proposed construction on the project site. The measures shall be implemented as necessary to adequately control dust subject to the revil?W and approval of the Gilroy Planning Division. Water all active construction areas at least twice daily; . Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; and . Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Planning Division Mitigation Measure 2 Subject to the revil?W of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, field surveys shall be conducted by a qualified biologist to detennine ifburrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and/ or breeding season of burrowing owls (February 1 through August 31) and/or during the winter residency period (December 1 through January 31). If active nests are found in the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game fOr revil?W and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department of Fish and Game StajJReport on Burrowing Owl Mitigation (CalifOrnia Department ofFish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the fOllowing: Avoidance of occupied burrows dun'ng the nesting season (February 1 through August 31); Acquisition, protection and fimding for long-tenn management and monitoring of.foraging habitat adjacent to occupied habitat; . Enhancement of existing burrows and/or creation of new burrows; Passive relocation of burrowing owls. City of Gilroy 1 Mitigation Measure 3 Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities occurring within 200 feet of trees located on and adjacent to the project site, a tree survey shall be conducted hy a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shallbe required only if any construction would occur during the nesting andlor breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are fOund, clearing and construction within 200 feet of the tree shall be postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, at the discretion of the biologist. If construction activities are not scheduled between March 1 and August 1, no fUrther surveys of the tree shall be required. Due to the possibility that significant buried cultural resources might be fOund during construction the fOllowing language shall be included any permits issued JOr the project site, including, but not limited to grading and building permits for fUture development, subject to the review and approval of the Gilroy Planning Division: I I I I I I I I I , Pinn Brothers Subdivision Party Responsible for Implernentation: Party Responsible for Monitoring: Party Responsible for Implementation: Party Responsible for Monitoring: Mitigation Measure 5 Mitigation Monitoring Checklist Applicant Gilroy Planning Division Applicant Gilroy Planning Division If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notiJY a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party Responsible for Implernentation: Party Responsible for Monitoring: Mitigation Measure 6 Applicant Gilroy Planning Division In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): If human remains are found during construction there shall be no fUrther excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is City of Gilroy 2 City of Gilroy 3 Pinn Brothers Subdivision Mitigation Monitoring Checklist contacted to detennine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MW may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097. 98. The landowner or his authonzed representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native Amen'can Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified jails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission jails to provide measures acceptable to the landowner. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: . Gilroy Planning Division Mitigation Measure 9 The fOllowing language shall be included on any permits issued at the project site, subject to the review and approval of the Gilroy Building Division. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM No construction is allowed on Sundays. " Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Building Division I I I I B I I I I I I I I I I I I I I Pinn Brothers Subdivision Mitigation Monitoring Checklist The following mitigation measures shall be implemented prior to issuance of a building permit: Mitigation Measure 4 Prior to the issuance of a building permit, the project developer shall submit a Landscape Plan; for review and approval by the City of Gilroy Planning Division, indicating the location, size and species of existing trees fOund within the project site boundades. The plan shall indicate which trees are planned for removal. Based on review of the Landscape Plan, the City shall determine which tr(!es, if any, are "significant. " If significant trees are detennined to be located on the project site, these trees shall be retained, to the greatest extent feasible. . The ddpline of significant trees to be retained shall be fenced pn'or to grading activities to prevent root damage. If retention of all significant trees on the project site is not feasible, a written report shall be prepared by a certified arborist including the number and location of each significant tree to be removed, the type and approximate size of each significant tree, the reason for removal, and specifications fOr replacing significant trees to be removed. The written report shall be prepared pn'or to the commencement of grading activities, subject to approval by the City ofGilroy"Planning Division. Party Responsible for Irnplementation: Party Responsible for Monitoring: Applicant Gilroy Planning Division Mitigation Measure 7 The project developer shall submit d soils investigation prepared for the project by a qualified soils engineer. The recommendation of the soils investigation shall be incorporated into thefinal building plans and shall be reviewed and approved by the Gilroy Engineering Division prior to approval of the building permit. The purposes of the soils investigation are to determine the exact soils characteristics and limitations on the site, and to recommend appropn'ate engineen'ng specifications for development of the site. Party Responsible for Irnplementation: Party Responsible for Monitoring: Applicant Gilroy Planning Division Mitigation Measure B Install windows rated minimum Sound Transmission Qass (STC) 28 at the windows of second floor and unshielded first floor living spaces within 140 feet of the centerline of Sundse Drive and with a direct of side view of the roadway, Provide some type of rtzechanical ventilation, as all windows in these spaces should remain closed at all times to maintain acceptable inten'or noise. This requirement shall be noted on the final improvement plans. Party Responsible for Irnplementation: Party Responsible for Monitoring: Applicant Gilroy Planning Division City of Gilroy 4 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certity that the attached Resolution No. 2003-16 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 March, 2003, 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 20th day of March, 2003. ~~ City lerk ofthe.City of Gilroy (Seal)