Resolution 2004- 22RESOLUTION NO. 2004-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A ONE -YEAR EXTENSION FOR TM
02 -02, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 35 -ACRE SITE INTO 39 RESIDENTIAL
HILLSIDE LOTS LOCATED ON CARRIAGE HILLS DRIVE
BETWEEN WILD IRIS AND VALLEY OAKS DRIVES, AND
EXTENDING RDO ALLOCATION APPROVAL, APN 783 -52-
007.
WHEREAS, Mantelli Trust, the applicant, is requesting an extension until December 31,
2005 of the approval for TM 02 -02, a Tentative Map set to expire on September 3, 2004, to
subdivide an approximately 35 -acre site into 39 residential hillside lots located at the terminus of
Carriage Hills Drive between Wild Iris and Valley Oaks Drives, APN 783 -52 -007; and
WHEREAS, the applicant also requests an extension of time for the project's allocation
under the City's Residential Development Ordinance ( "RDO ") of 39 units, 15 units granted in
1992 by RD 92 -16, and two sets of 12 units each granted in 1999 by RD 99 -12, with the first twelve
units requiring a final map to be approved by July 2003, and the second twelve units requiring a
final map by July 2004; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City
Council adopted a Negative Declaration on January 17, 1995, in connection with earlier phases
of this project, said Negative Declaration also incorporating this proposed phase; and
WHEREAS, the City Council, after duly noticed public hearings on July 15, 2002 and
August 5, 2002, adopted Resolution No. 2002 -62 approving TM 02 -02 on September 3,
2002; and
1GB01616433.2 -1-
022404- 04706089 Res. No. 2004 -22
WHEREAS, pursuant to Gilroy City Code sec. 21.41.1, initial approval of a tentative map
is valid for two (2) years and may be conditionally extended by the City Council for up to three
(3) periods of up to one (1) year each, thereby making this tentative map eligible for extension
only to September 3, 2005; and
WHEREAS, the City Council at a duly noticed public meeting on February 17, 2004,
considered the staff report dated February 10, 2004, regarding the request for extension of TM
02 -02; 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 of the 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 extension 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. Approval of Tentative Map TM 02 -02, which currently expires September 3,
16601616433.2 -2-
022404- 04706089 Res. No. 2004 -22
2004, hereby is extended one year until September 3, 2005, subject to all
previously imposed conditions as follows:
The conditions described in the Staff Report dated June 28, 2002, and the forty -
six (46) mitigation measures set forth in the Negative Declaration, attached hereto
as Exhibit A and incorporated herein by this reference.
C. RDO allocation approvals for the project, RD 92 -16 and 99 -12, which currently
expire April 17, 2004, are also hereby extended until September 3, 2005, subject to
all previously imposed conditions, provided that the applicant enters into an RDO
performance agreement with the City concerning these allocations, and pays any
initial deposits that may be due and owing the City, all within 60 days of the date
of this Resolution.
PASSED AND ADOPTED this 15th day of March, 2004 by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
Bert Pinheiro, Mayor
ATTEST:
l
Rhonda Pellin, City Clerk
-3-
\GBO \616433.2
022404 - 04706089
Res. No. 2004 -22
Community Development Department
Planning Division (408) 846 -0440
Tentative Map
June 28, 2002
FILE NUMBERS: TM 02 -02
APPLICANT: Mantelli Family Trust c/o John Mahoney (831- 646 -1919)
LOCATION: The terminus of Carriage Hills Drive between Wild Iris and Valley Oaks Drives
STAFF PLANNER: Cydney Casper (ccasper a.ci._ilroy.ca.us)
REQUESTED ACTIONS:
The applicant is requesting tentative map approval to subdivide 35 acres into 39 residential
hillside lots.
DESCRIPTION OF PROPERTY:
Parcel No.: 783 -52 -007
Net Area: 35.06 acres
Flood Zone: "X" Panel 4 060340 0002D Date: 8 -17 -98
STATUS OF PROPERTY:
Existing Land Use
General Plan Designaiion
Undeveloped Hillside
Hillside Residential
STATE'S OF SURROUNDING
PROPERTY:
Existing Land Use
General Plan Designation
N: Single Family Residences
Low Density Residential
S: Hillside Residences
Hillside Residential
E: Future To,.Nnbomes
Low Density Residential
W: Future Hillside Residences Hillside Residential
EXHIBIT A
Zoning
RH
Zoning
R l -PUD
RH
R1 -PUD
RH
TM 02 -02 June 28, 2002
CONFORMANCE OF REQUEST WITH GENERAL PLAN:
The proposed project conforms to the Hillside Residential land use designation for the property
on the General Plan Land map and is consistent with the intent of the text of the General Plan
document.
ENVIRONMENTAL IMPACTS:
An expanded Initial Study was prepared for the original Phases of the Carriage Hills subdivision,
which includes this phase (Phase III) for the hillside development. A Negative Declaration was
prepared and adopted by the City Council on January 17, 1995. This hillside project was
reviewed in conjunction with the previously prepared Initial Study and was found to be
consistent. Subsequent biological studies were completed to determine any additional
significant impacts on the environment. No additional effects on the environment were
determined beyond that identified and mitigated in the adopted Negative Declaration.
RELATED APPLICATIONS:
Z 94 -03 Request to rezone the Carriage Hills site from R1 (Single Family Residential); RE
(Hillside Residential), and PF (Park/Public Facility) to R1 -PUD (Single Family Residential —
Planned Unit Development) and RH (Residential Hillside). This zone change was approved by
the City Council on January 17, 1995.
RDO BACKGROUND:
A total of 176 allocations have been awarded for Carriage Hills Phases I, II and III. To date, 137
units have been developed in Phases I and II. The 39 RDO allocations for the Phase III hillside
units are comprised of 15 allocations awarded in 1992 (RD 92 -16) and 24 allocations awarded in
1999 (RD 99 -12) to complete the hillside phase.
ANALYSIS:
The applicant, Mantelli Family Trust, is proposing to subdivide approxvnately 35 acres of land
to develop 39 single- fanuly, custom, hillside lots. This project is phase III of the overall
Carriage Hills development, which has one additional future phase consisting of townhouse units
to be located on the parcel to the east.
The proposed hillside lots range in size from 20.400 square feet to 50,700 square feet with a
17.26 acre private open space parcel. The ?9 units within 35 acres constitutes a density of
approxvnately 0.90 units per acre, which is consistent with the General Plan's density range of
0.50 to 4 units per acre in the Residential Hillside land use designation.
Page 2
TM 02 -02
Circulation
June 28, 2002
Access will be provided from Mantelli Drive via Wild Iris Drive. A series of private streets
termiriating in hammer -head turnarounds and scattered with clustered parking spaces provides
circulation throughout the project site. A split street around a large specimen oak tree preserves
the tree and provides an added entryway feature to the project. An emergency vehicle access
from "Private Street E" to Carriage Hills Drive will provide secondary access for the project.
Environment
There are a number of environmental features on the project site associated with the hillside
environment:
❖ Many large specimen oak trees and oak canopies. Of these trees, approximately 12 are
proposed for removal, 1 l could be impacted due to construction and grading and 6 will be
effected by canopy alterations to accommodate the streets. According to a report, Oak
Woodland Impacts and Mitigation Plan, prepared by H.T. Harvey & Associates for the
project, approximately 360 trees will be planted in areas on the west and north sides of the
site to mitigate the impacts on the trees.
• :• Hillside slopes exceeding 30 percent. The area with slopes exceeding 30 percent are
primarily located on the east and north sides of the property. To preserve the slopes, these
areas have been incorporated into.a separate parcel set -aside as private open space.
• :• Small spring fed pond. There is a small spring -fed pond located in the northeast corner of
the property. A 100 -foot buffer area around that pond has been established in the design of
the project and is incorporated into the private open space parcel. Additionally, the
developer will be required to improve and re- vegetate the pond area consistent with the
Carriage Hills Freshwater Marsh Pond Mitigation Plan, prepared by H.T. Harvey &
Associates to provide cover, nesting areas and additional habitat.
Special status plant species. An existing stock pond in the northwest corner of the property
provides habitat for a special status plant species, Mt. Diablo cottonweed (Micropus
amphibolus), which was found to be abundant within a 150 -foot radius of the pond. The
stock pond has been incorporated into the private open space parcel and lots 25 and 27 will
be restricted from any development that will disturb the natural state on the rear of these lots
within "Area A ".
The private open space parcel is approximately 17.26 acres in size (49 percent of the overall site)
and will function to preserve these features, provide an additional 1.6 acres of tree canopy
coverage as mitigation, and additional habitat areas at each of the ponds. The parcel will be
maintained by a homeowner`s association established by the developer prior to the sale of any of
the lots.
Page 3
TM 02 -02
Staff Recommendation
June 28, 2002
Staff recommends approval of Tentative 111ap request TM 02 -02 with 4 conditions for the
following reasons:
A. The proposed project is consistent with the approval granted to the developer by the City
Council under the Residential Development Ordinance;
B. The proposed tentative map is consistent with land use designation of the City's General
Plan map and the intent of the goals and policies of the General Plan document;
C. The proposed development is consistent with the Zoning Ordinance and the City's
Subdivision and Land Development Code.; and
D. There will be no significant environmental impacts as a result of this .project due to the
required mitigation measures applied.
CONDITIONS
1. Mitigation Measures #1 through #45, contained within the Negative Declaration prepared
under Z 94 -03, dated 10121194, shall be applied to the approval of the project in order to
reduce and/or eliminate al potential significant impacts to a level of insignificance, as
required under the California Environmental Quality Act (CEQA).
2. The applicant shall meet the following conditions subject to the review and approval of the
Planning Division (Cydney Casper, 408 - 846- 0440):
a. A Homeowner's Association (HOA) shall be established for the maintenance and
preservation of the private open space areas and streets. The developer, or successor
in interest, shall submit a copy of the Covenants, Conditions and Restrictions
(CC &R's) for review by the Planning Division and City Attorney prior to recordation
of any Final Map.
b. The final planting area for the revegetation program shall be established within the
mitigation areas designated in the Oak Woodland Impacts and Mitigation Plan
prepared by H. T. Harvey & Associates dated June 17, 2002 and submitted for review
prior to approval of any grading plans. Revegetation and subsequent monitoring
shall be consistent with the planting methods outlined in this some document.
Monitoring reports shall be submitted to the Planning Division for review.
C. A qualified professional archeological monitor shall be present during all
construction and earth- moving activities on lots 17, 18, 19, and 20. In the event
archeolo -ical resources or human remains are discovered, all work shall be halted to
within 150 feet of the find until it can be evaluated by a qualified professional
archeologist.
Paee 4
TM 02 -02
June 28, 2002
d. All grading and improvement plans shall include a note as follows: "If archeological
resources or human remains are discovered during construction, work shall be hatted
within 50 meters (150 feet) of the find until it can be evaluated by a qualified
professional archeologist. If the find is determined to be significant, appropriate
mitigation measures shall be formulated and implemented. "
e. The developer, or successor in interest shall coordinate with the U.S. Postal Service
to locate the clustered mail boxes adjacent to the clustered parking spaces for safe
access.
f. All buildings, including accessory structures, shall be developed within the building
envelopes as shown on the tentative map.
g. Lots 25 and 27 shall be restricted from making any modifications in the way of
landscaping, walkways, paths or placement of. any structures so as to disturb the
natural state within the area designated as "Area A " for Diablo Cottonweed
Mitigation.
h. All retaining walls shall be constructed of textured masonry material (keystone
typical).
An arborist report will be required along with an Architecture and Site Review
application for each individual lot prior to the issuance of any permits for prading
or construction and before any trees are trimmed and/or cut.
3. The applicant shall meet the following conditions subject to the review and approval of the
Engineering Division (Kristi Abrams or Don Nunes, 408 - 846 - 0450):
a. The site distance for parking at Lots 13, 22 and 30 does not appear to be adequate.
Parking dimensions and configurations must meet City standards.
b. Remove all notes regarding concrete sivales for final map. Location and design of
nvales to be determined with grading plan submittal.
C. Clearly delineate all building envelopes for each parcel on final map.
d. Clearly show all easements on improvement and grading plans and final map. Sheet
5 of the submitted plans do not clearly show all easements.
e. The private storm drain easement (PSDE) to storm drain easement private (SDEP)
and private sanitary se»-er easement (PSSE) to sanitary sewer easement- private
(SSEP) to minimise confusion.
i. The final map shall specify the ownership and maintenance of privute streets and
open space shall be through an established homeoi+-ner's association.
Page 5
TM 02 -02
June 28, 2002
g. Improvement plans, designed to City standards, shall be submitted with the final map.
h. Fees, bonds and an improvement agreement is required prior to recording the final
map.:
i. Submit an estimated cost of public owned facilities, both on -site and off -site, to the
Engineering Division.
j. All overhead utility facilities within newly constructed public streets shall be placed
underground. No utility undergrounding fee shall be required for any frontage of a
development project which is adjacent to a street which will be improved, including
utility undergrounding as a condition of such project.
k. New and existing utility lines, appurtenances and associated equipment, including,
but not limited to, electrical transmission, street lighting, and cable television shall
be required to be placed underground as required in Section 21.111 of the City of
Gilroy Municipal Code.
1. The following shall be added as general notes to the final map submittal:
♦ Certification of an erosion control plan is needed prior to October IS`t' of each
year prior to any grading.
Certification of grades and compaction is required prior to paving.
Certification of improvements on the site plans is required prior to building final.
♦ If the project has excess fill that will be off - hauled to a site within the city limits of
Gilroy, an additional grading permit is required.
4. The applicant shall meet the following conditions subject to the review and approval of the
Building, Life and Environmental Safety Division (Rodger Maggio, 408- 846 -0430)
a. The EVA shall be constructed to the same standard as the roadways for this project.
The width may be 20' as shoi n.
b. Gates impede emergency access. Are -ales being proposed for any part of this
project? Gates shall be automatic opening by Opticom or Knox -key.
C. The road grades in areas of this pr(; ect exceed the maximum alimiable grade of 15%
Some Turn-(.? uivnds do not meet minimum standards.
C. All roads shall be conspicuously posted "CVO PARKING -FIRE LANE ".
Page 6
TM 02 -02
June 28, 2002
f. This development is immediately adjacent to natural open space areas. Fuel
transition/ modification zones are shown. Provide detail for fuel transition zones
including maintenance provisions.
g. A safer design would have an exterior loop road with the homes on the inside of the
loop. The road then acts as afuel break, and backyards won't back -up to the wild
land interface.
h. A11 construction and landscaping to be per Residential Hillside Guidelines.
i. Fire sprinklers conforming to NFPA 13D are required in all structures in this
development.
j. Show locations of proposed fire hydrants.
k. All roadways shall meet or exceed fire dept. standards for width, turn- arounds and
maximum grades. Access shall not be impeded by parking, diverters, speed - bumps, or
gates unless approved by the Fire Department.
1. Provide detail on mitigation of wildland interface threat. Exterior loop road design
preferred.
M. Fire sprinklers for all structures are required along with the requirements set forth in
the Residential Hillside Guidelines.
n. Fire hydrant spacing shall be per City of Gilroy standards.
Respectfully,
r �
William Faus
Planning Division Manager
bfausO_ci.gilroy ca.us
Attachments: 1. Tentative Map Plans
2. Neeative Declaration adopted by City Council 1 /17/95
Page 7
1anningDepartment
City of Gilroy
NEGATIVE 7351 Rosanna St.
Gilroy, CA 95020
(408) 848 -0440
DECLARATION
CITY FILE NUMBERS: Z 94 -3, TM 94 -2, TM 94 -3, PUD A/S 94 -14
PROJECT DESCRIPTION:
Name of Project: New Cities Development Group, "Carriage Hills ".
Nature of Project: Proposed request to rezone a portion of the site from R1
(Single Family Residential), RH (Residential Hillside), and PF (Park /Public
Facility) to R1 -PUD (Single Family Residential, Planned Unit Development)
and RH (Residential Hillside); two Tentative Map requests to subdivide the
property into 140 single family lots with a remaining lot; and a Planned
Unit Development request for design review covering the 140 single family
homes and future park site.
PROJECT LOCATION:
Location: West of Rancho Hills Drive, and north of Mantelli Drive.
Assessor's Parcel Numbers: 783 -52 -003, 004, and 005
Entity or Person(s) Undertaking Project:
Name: New Cities Development Group
Address: 9781 Blue Larkspur Lane, Monterey, CA 93940
EXPANDED INITIAL STUDY:
An Expanded Initial study for this project was undertaken and prepared for
the purpose of ascertaining whether the 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, California.
FINDINGS S REASONS:
The Initial study identified potentially significant effects on the
environment. However, the applicant has agreed to specific revisions in
the project and /or the project has been revised. See the following list of
Mitigation Measures, which avoid or mitigate potential effects to a point
where no significant effects will occur. There is no substantial evidence
that the project, as revised, may have a significant effect on the
environment. The following reasons will support these findings:
A. The proposed Rezoning, Tentative Maps, and Planned Unit Development
applications are consistent with the City's General Plan land use r.ap;
B. The proposed project is substantially consistent with the adopted ocals
and policies of the City's General Plan document;
C. The granting of this request will not adversely affect or impact
neighboring parcels of land or adjacent deveicped residential
properties; and
D. All potential significant effects can be miticated to reduce them to an
insignificant level of impact.
EXHIBIT B
NEGATIVE DECLARATION 10/21/94
Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -I4
Mitigation Measures:
1. The project shall be designed in accordance with earthquake design
regulations of the uniform Building code, subject to review and approval
by the City Building Department.
2. Geology and soils reports shall be prepared for each phase of the proposed
project. The reports and final mitigations shall consider the
recommendations as presented in the 1979 geologic feasibility
investigation prepared by Geoconsultants, Inc. The recommendations
include, but may not be limited to:
A. soil and foundation engineering investigation shall be performed in
Zones A and B to include the following:
• Determine appropriate foundation support and structural design, for
residences in Zones A and B in the event of a nearby earthquake;
• Perform a detailed examination of the existing slope stability and
conformity of the proposed construction to the hillside conditions;
• Evaluate the risks and costs associated with development on the
hillsides;
B. If hillside development is to be situated in areas identified as Zone
B, an additional detailed geological investigation on selected building
sites shall be conducted. (At this time, however, the proposed site
plan does not identify any residences to be built in Zone B); and
C. Development shall not be located in Zone C. (At this time, the
proposed site plan appears to have been designed to avoid development
in Zone C).
3. structures shall not be constructed within 50 feet of any trace fault
lines (Hillside Development Guidelines 1B). Lots located within 50 feet
of the fault trace line include 37 and 38 in .Phase 1, and 61, 62, 64, 92,
93, 94, and 95 in Phase 2. The project proponent shall submit a plan, as
part of the PUD for Phases 1 and 2, identifying building envelopes on all
lots, taking into consideration required setbacks. The plan is subject to
review and approval by the city Planning Department and city Engineer
prior to approval of the tentative map.
4. The project proponent shall prepare a detailed grading and erosion control
plan which shall include, but not be limited to the following:
A. In order to preserve the natural environment, any alterations to
existing contours and slopes shall be kept to a minimum. All grading
in this district shall be verified by the city Engineer as being the
least amount necessary to provide services to the proposed structures
(Hillside Development Guidelines IIAl);
B. Grading, cut and fill, and retaining walls shall be minimized for
hillside development by using innovative building techniques which
reflect the natural topography of the site. when cut and fill is
unavoidable, it shall be stabilized by rounding and landscaping.
Retaining walls may be permitted in order to reduce cut and fill
(Hillside Development Guidelines IIA2);
c. upon completion of grading, and prior to the start of construction,
bare soil shall be protected as set forth in the City of Gilroy Erosion
control ordinance (Hillside Development Guidelines IIA3);
NEGATIVE DECLARATION : 10/21/94
Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14
D. Grading shall not be permitted during the winter season as set forth in
the City of Gilroy Erosion control ordinance, unless specific erosion
control measures are reviewed and approved by the City Engineer
(Hillside Development Control IIA4);
E. All utility mains shall be located outside of the fault zone;
F. All grading requirements as discussed in section 5.3 Vegetation and
wildlife concerns. They are as follows:
• Grading, filling, development, and /or other ground disturbance shall
not occur outside of the footprint of Phases I and 2 until the
California Tiger salamander survey results have been compiled and .
mitigation measures, if required, have been agreed upon by the CDFG.
special conditions for activity within the footprint of Phase 2 (Lots
3 -8) are indicated in Mitigation Measure 10.
• Create a 100 -foot buffer measured outward from the periphery of the
spring -fed pond and center line of the drainage above the pond.
Prior to development, this buffer zone should be delineated in the
field. No development, staging of equipment or construction
materials, placement of spoils, discharge of construction - related
wastes, or vegetation removal shall be allowed in the buffer zone.
The buffer zone is intended to function as a filter strip for
reducing sediments and pollutant loading of the pond.
• The City of Gilroy Public works Department shall monitor the project
during grading and construction to ensure that the buffer zone has
been delineated, approved erosion control measures are implemented,
permanent erosion protection are established, and that best
management practices regarding the storage and disposal of
construction materials and the fueling and maintenance of vehicles
and equipment are utilized.
• Grading shall not be permitted to damage the root system of existing
native oak trees.
The detailed grading and erosion control plan shall be incorporated into
the final improvement plans for each tentative map application, subject to
review and approval by the Public works Department prior to approval and
recordation-of final subdivision maps.
5. when a tentative map is prepared for the townhouse portion of the project
site, the townhouse building located in slopes greater than 30 percent
shall be relocated to an area with less than 30 percent slopes. The
tentative map shall be subject to review and approval by the Gilroy
Planning Department, prior to approval of the tentative _map for the
townhouse portion of the project site.
6. The design and construction of all storm drainage improvements serving the
project site shall be provided by the developer, subject to review and
approval by the City Department of Public works. These design plans shall
include, but not be limited to:
A. Applicable storm water source and treatment -haled best management
practices, applied and maintained, as recommended in the California
Storm water Best Management Practice Handbook. The plan should
consider drainage to existing water features, such as the two ponds and
the creek north of the project site boundary, as well as the drainace
to the City's storm drain system;
B. provisions for periodic sweeping for roadways, driveways, and parking
areas on the project site;
NEGATIVE DECLARATION 4 10/21/94
Z 94 -3, TN 94 -2, TM 94 -3, PUD: A/S 94 -14
C. A design to reflect the City's storm water Master Plan;
D. Existing drainage patterns shall be preserved to the greatest extent
possible. Man -made alterations of the natural drainage system shall be
minimized. All geotechnical reports shall identify possible springs as
a source of under -floor water and the need for foundation drains
(Hillside Development Guidelines ID) and drains to protect the street
structure;
E. Native shrubs and trees shall be retained on hillside terrain wherever
possible to help maintain natural drainage swales, reduce erosion, and
preserve the character of the hillside environment. Native vegetation
and trees shall be protected from damage during construction (Hillside
Development Guidelines IIG2);
F. Paved areas shall be designed to minimize drainage that is channeled to
one location. Pathway paving shall be 'kept to a minimum and shall be
porous in nature, wherever feasible; and
G. Drainage facilities shall be designed and installed to collect and
transport the natural flows in the hillside away from the streets and
buildings and into approved drainage structures.
7. Developers shall pay the appropriate storm drain development fees, subject
to review by the City Department of Public works prior to issuance of a
building permit.
8. The project proponent shall obtain a National Pollution Discharge
Elimination Systems Program (NPDES) General Construction Permit, required
under the Federal clean water Act, from the Regional water Quality Control
Board prior to issuance of a building permit. The NPDES construction
permit required implementing both construction and post- construction phase
storm water pollution best management practices. Additionally, the
proposed project shall implement provisions of the NPDES construction
permit, which require preparing and complying with a storm water Pollution
Prevention Plan.
9A. RARE PLANTS_SFuture Phases): Future phases of the proposed project shall
be designed to avoid development within Area B. Prior to development,
this area should be delineated in the field. No development, staging of
equipment or construction materials, placement of spoils, vegetation
removal, or recreational uses shall be allowed in this area. This site
should be contiguous with undeveloped habitat to avoid creating small
"island" preserves. Although the preliminary site plan depicts that the
project appears to avoid Areas A, C, D and F, this measure applies to
these areas as well. Future phases shall be designed, subject to review
and approval by the City of Gilroy Planning Department prior to approval
of the tentative maps for these phases. If Mitigation Measure 9A is not
fusible, then implement Mitigation Measure 9B.
NEGATIVE DECLARATION S 10/21/94
Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -I4
9B. RARE PLANTS (Future Phases): Conduct rare plant surveys during the
appropriate times of the year in order to determine the absence or
presence of early (February - April) and late (June - October) flowering
special status plan species that were not observed during this study in
Areas A, B, C, D and F. , Develop appropriate measures to mitigate
significant impacts and a monitoring program as needed. If rare plants
are not found with additional surveys, then mitigation measures would not
be required. However, it is recommended that development in Areas A, B,
C, D and F be avoided to the greatest extent possible, because these areas
significantly contribute to plant species diversity on the site. Rare
plant surveys shall be conducted, subject to review and approval by the
City of Gilroy Planning Department prior to approval of the tentative maps
for future phases.
10A. CALIFORNIA TIGER SALAMANDER (Phases 1 and 2): Conduct a winter survey,
and a spring survey if necessary, to determine presence or absence of
Tiger Salamanders on the project site and their migration routes between
the pond and upland habitat. surveys shall be conducted following CDFG
protocol, under the supervision of CDFG. These portions of the project
site encompassing Phases 1 and 2 are considered less than suitable
habitat for the Tiger salamander, with the exception of Lots 3 -8 in Phase
2. Therefore, grading, filling, development and /or other ground
disturbing activities may occur in Phases 1 and 2 with the exception of
Lots 3 -8 in Phase 2. The surveys shall be conducted prior to final map
approval for Lots 3 -8 in Phase 2. if the Tiger salamander is determined
not to occur in the vicinity of Lots 3 -8 in Phase 2, no further
mitigation measures will be required and the lead agency may, at their
discretion, approve the final map for Lots 3 -8 in Phase 2. If the Tiger
salamander is determined to occur in the vicinity of Lots 3 -8 in Phase 2,
appropriate mitigations will be developed in conjunction with CDFG,
depending on the specific results of the surveys, and may include
modification and /or omission of Lots 3 -8 in Phase 2. Appropriate
mitigations may include, but not be limited to, the following:
• Dedication of a conservation easement (area to be determined after
survey results are prepared); and
• Preparation of a habitat management program to manage Tiger salamander
habitat in the long -term.
surveys shall be conducted prior to approval of tentative maps for future
phases of the proposed project and prior to approval of the final map for
Phase 2. The tentative map for Phase 2 shall be revised to note the
exception of Lots 3 -8, requiring the surveys prior to, and as a condition
of, final map approval for Phase 2. If the Tiger salamander are found at
the project site, and in the event that the species becomes formally
listed, the developer would be required to obtain an Incidental Take
Permit under section 7 of the Endangered species Act and be responsible
for the preparation and implementation of a Habitat conservation Plan
(HCP) as a part of the project. The issuance of the permit would be
contincent on approval of the HCP by the FwS.
NEGATIVE DECLARATION 10/21/94
Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14
10B. CALIFORNIA TIGER SALAMANDER (Future Phases): Conduct a winter survey,
and a spring survey if necessary, to determine presence or absence of
Tiger Salamanders on the project site and their migration routes between
the pond and upland habitat. surveys shall be conducted following CDFG
protocol, under the supervision of CDFG. Surveys shall be conducted
prior to tentative map approval for future phases of the proposed
project. If the Tiger Salamander is determined not to occur on the
project site, no further mitigation measures will be required. If the
Tiger Salamander. is determined to occur on the project site, appropriate
mitigations will be developed depending on the specific results of the
surveys in conjunction with CDFG. Appropriate mitigations may include,
but not be limited to, the following:
• Dedication of a conservation easement (area to be determined after
survey results are prepared);
• Preparation of a habitat management program to manage Tiger salamander
habitat in the long -term; and
• Preparation of a "modified- initial study and mitigation negative
declaration for public review. This modified initial study shall
report the results of the surveys and present mitigation developed in
conjunction with CDFG.
Surveys shall be conducted prior to approval of tentative maps for future
phases of the proposed project. The surveys described in this mitigation
measure are.the same surveys required in mitigation measure 10A for Lots
3 -8 in Phase 2. These surveys are anticipated to take place in winter,
1994 -95, and if necessary, in spring, 1995. If the Tiger Salamander are
found at the project site, and in the event that the species becomes .
formally listed, the developer would be required to obtain an Incidental
Take Permit under Section 7 of the Endangered species Act and be
responsible for the preparation and implementation of a Habitat
Conservation Plan (HCP) as a a part of the project. The issuance of the
permit would be contingent on approval of the HCP by the FWs.
11. CALIFORNIA TIGER SALAMANDER (Phases I and 2): No grading, filling,
development, and /or other ground disturbance shall occur outside of the
footprint of Phase 1 and 2 until the California Tiger Salamander survey
results have been complied and mitigation measures have been agreed upon
by the CDFG. special conditions for activity within the footprint of
Phase 2 (Lots 3 -8) are indicated in Mitigation Measure 10A.
12. BURROWING OWL (All Phases): Thirty days prior to the start of the earth -
moving activities, a pre- construction survey for burrowing owls shall be
conducted by a qualified biologist. If present, the owls shall be
passively relocated to off -site habitat contiguous with the project site.
Relocation of the owls shall be performed by a qualified wildlife
biologist, in coordination with CDFG. Nesting owls shall be relocated
after a wildlife biologist has determined that the young have fledged.
Fassive relocation involves installing one -way doors in burrow entrances.
Relocation shall be monitored for one week to confirm use of alternate
burrows. original burrows shall be filled to prevent reuse.
NEGATIVE DECLARATION 7 10/21/94
Z 94 -3, Th1 94 -2, TM 94 - ,3, PUD: A/S 94 -14
13. WHITE- TAILED KITE AND LOGGERHEAD SHRIKE (All Phases): Tree - removal and
grading activities shall begin during the non - breeding season (August 1
through March 15). However, the removal of large trees must be consistent
with Mitigation Measure 14, below. scheduling construction activities in
this manner is intended to discourage use of the project site for nesting
and is less likely to result in incidental mortalities.
14. PALLID BAT (All Phases): Avoid the removal of oak trees 20 inches in
diameter or greater at breast height. All trees and snags to be saved
should be marked in the field in coordination with a wildlife biologist.
Removal of trees and snags should occur from September through October to
reduce the likelihood of destroying occupied maternity roosts and
wintering roosts. Large trees and snags may be removed during other
periods that are consistent with Mitigation Measure 13, above, if a
qualified bat specialist were to determine that roosting bats are not
present in the trees and snags proposed for removal. Tree and snag
removal shall be monitored by a wildlife biologist-or the City of Gilroy
Planning Department, and are subject to Section 6 of the Consolidated
Landscape Policy.
15. FRESHWATER MARSH POND (All Phases): Create a 100 -foot buffer measured
outward from the periphery of the spring -fed pond and center line'of the
drainage above the pond. Prior to development, this buffer zone should be
delineated in the field. No development, staging of equipment or
construction materials, placement of spoils, discharge of construction -
related wastes, or vegetation removal shall be allowed in the buffer
zone. The buffer zone is intended to function as ,a filter strip for
reducing sediments and pollutant loading of the pond. In addition,
implement best management practices to avoid degradation of water quality
of the pond due to erosion, sedimentation, and inappropriate disposal of
construction wastes. some examples of best management practices that
shall be included in the plans are:
• Stabilizing denuded areas prior to the wet season;
• Limiting construction access points and stabilizing access points;
• Protection of adjacent areas with sediment barriers;
• Stabilizing and preventing erosion from temporary conveyance channels;
• Appropriate construction material and construction waste handling,
storage, and disposal practices; and
• Appropriate vehicle and equipment fueling and maintenance practices.
The biologist performing the work shall consult with the city Planning
Department and the project archaeologist regarding significant
archaeological resources in the spring -fed pond area. This consultation
is necessary for the archaeologist and the biologist to gain an
understanding of both the archaeological and the biological resources
located in this portion of the project site. The 100 -foot buffer shall 1:•e
delineated in the field pr.'Jcr to issuance of a grading permit for Phase 1
and shall remain for all phase of the proposed project.
16. FR.ESFWATER MARSH POND (All Phases) : The City of Gilroy Public Works
Department shall monitor the project during grading and construction to
ensure that the buffer zone has been delineated, approved erosion control
measures are implemented, permanent erosion protection are established,
and that best management cractices regarding the storage and disposal of
construction materials and the fueling and maintenance of vehicles and
equipment are utilized.
NEGATIVE DECLARATION L 10/21/94
Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14
17. FRESHWATER MARSH POND (All Phases): The project shall implement best
management practices, through a management plan, that reduce post -
construction non -point source impacts from development within the
watershed of the pond. The measures shall be consistent with Hillside
Residential Development policies, subject to review and approval by the
City of Gilroy Public works Department.
18. FRESHWATER MARSH POND (All phases): Lighting that directly illuminates
the spring -fed pond shall not be established. This measure is intended to
reduce the adverse effects of night lighting on nocturnal wildlife using
the pond for drinking or foraging.
19. FRESHWATER MARSH POND (Future Phases -Phase 3): Enhance the habitat values
of the spring -fed pond by establishing willow plantings around the
periphery of the pond and improving the berm. This measure is intended to
provide cover for secretive species, increase nesting and foraging
substrates, help maintain water levels, and reduce the adverse affects of
night lighting in the vicinity of the pond. A re- vegetation plan and
monitoring program shall be developed and implemented by a qualified
native habitat restoration specialist and approved by a qualified wildlife
biologist prior to project approval. Berm improvements shall be designed
into the project and approved by a qualified wildlife biologist. This
plan shall be subject to review and approval by the City of Gilroy
Planning Department, prior to issuance of a grading permit for future
phases of the project.
20. FRESHWATER MARSH POND (Future Phases): The proposed project, including
the preliminary site plan for future development on the hillside, is
designed such that access to the spring -fed pond by wildlife is possible
along the undeveloped portions of the north - facing and east - facing slopes
of the hillside on the project site. If future phases are not affected by
the results of the California Tiger salamander surveys, these corridor
areas, as depicted on the preliminary, site plan, shall be left undeveloped
to avoid isolating the pond and impeding wildlife use. These areas are
contiguous with oak woodlands and grasslands west of the project site and
oak woodlands to the south (future country Estates).
21. FRESHWATER MARSH POND (All Phases): Responsible agencies shall avoid the
use of chemical and biological mosquito control at the pond.
22A. oAK WOODLAND (All Phases): In accordance with the city of Gilroy
consolidated Landscape Policy, the developer shall retain a qualified
arborist to prepare a detailed report of the site to determine measures
necessary to protect the existing native trees during project demolition,
construction, and landscaping, subject to review and approval by the City
Planning Department. CDFG recommends that avoidance of oak woodland
removal he considered foremost. Therefore, the project should be
desicned to avoid the removal of cak trees and whether or not they are
proposed for removal. These trees shall t.-e assessed by a certified
arborist.
NEGATIVE DECLARATION 9 10/21/94
Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14
22B. OAK WOODLAND (All Phases): If oak trees are proposed to be removed, the
developer shall re- vegetate the project site with oak trees at a ratio
that will eventually result in complete replacement of trees lost. Under
the proposed project, hillside areas could serve as appropriate on -site
mitigation areas. A re- vegetation plan and monitoring program shall be
developed and implemented by a qualified native habitat restoration
specialist and approved by CDFG prior to project approval. The oak re-
vegetation area shall be monitored annually until the trees become
established. Monitoring results shall be submitted to CDFG.
23. OAR WOODLAND (All Phases): Design the project such that hillside
development does not result in the loss of oak trees through root damage
from grading and use of heavy machinery beneath the oak canopy. A
qualified arborist shall determine the minimum distance from oak trees
that development can occur while maintaining the health of the trees.
24. OAR WOODLAND (All Phases): Undeveloped hillside oak woodland and
grasslands,shall continue to be monitored through the City of Gilroy
Hillside Development Guidelines. Except for the vegetation removal for
fire control necessitated by the city of Gilroy Fire Department, no other
form of vegetation removal shall be permitted. Recreational vehicles,
motorized or otherwise, shall not be permitted in the hillside areas.
25. Landscaping (All Phases) shall be consistent with the City of Gilroy's
Consolidated Landscaping Policy, subject to review and approval by the
City Planning Department.
26. The developer shall pay the appropriate traffic impact fee (All Phases),
subject to approval of the City Department of Public works, prior to the
issuance of a building permit.
27. The developer shall be responsible for the following transportation
improvements when warranted by the City Department of Public works:
A. Design and install a traffic signal at the Santa Teresa Boulevard /
Longmeadow Drive intersection;
B. Zesign and install a right turn lane on Santa Teresa Boulevard from
Mantelli Drive to Longmeadow Drive. This shall include a date and
phasing schedule; and
C. Design and improve Santa Teresa Boulevard frcm N.antelli Drive to
Longmeadow Drive. This shall include a date and phasing schedule.
These improvements are eligible for reimbursement through the City,s
traffic impact fee program.
28. streets shall follow natural contours of the hillside to minimize cut and
fill. cul -de -sacs or loop roads will be encouraged where necessary to fit
the terrain (Hillside Development Guidelines VAl). cuts greater than six
feet shall be carefully reviewed by the City of Gilroy Planning Department
and the City of Gilroy Public works Department. Cuts greater than twelve
feet shall require extenuating circLIMStances.
25. street standards shall be consistent with the City of Gilroy standard
specifications and details (Hillside LEvelcpment Guidelines VA2).
NEGATIVE DECLARATION 10 10/21/94
Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14
30. Paths and trails are encouraged in the hillside areas, if designed in a
fashion to minimize disturbance of the native slopes and vegetation. They
shall be of non- impervious material. If constructed, paths and trails
shall be maintained by the homeowners, association (Hillside Development
Guidelines VC), and incorporated into the design of the hillside area.
They should connect the streets in the hillside area with the east -west
local street between lots 8 and 9 in Phase 2 to provide walking /bicycling
access to the park located in the northwest corner of the project site.
This "short -cut" will also provide reduced walking time for children going
to school via Rancho Hills Drive, as well as an emergency pedestrian
connection from the hillside area to the Country Estates subdivision road
system to the west.
31. A Class III Bike Route shall be designated on the major internal street
that fronts the southerly boundary of the park.
32. At the time the tentative map for the townhouse portion of the proposed
project is prepared, the Gilroy Fire and Police Departments shall be
contacted to verify the adequacy of emergency access prior to approval of
the tentative map.
33. The developers shall be responsible for submitting a dust control policy
subject to review and approval by the City Building Department, consistent
with existing City policies and codes, prior to issuance of a building
permit.
34. Noise - generating construction activities shall be restricted to 7:00 a.m.
through 10:00 p.m. Construction equipment shall be properly muffled and
maintained. The contractor work specifications for all construction
activities shall reflect these measures, subject to review and approval of
the City Building Department prior to issuance of a building permit.
35. The developer shall incorporate all of the guidelines related to visual
impacts in the City of Gilroy Hillside Development Guidelines for the
hillside portion of the project site. The tentative map, when submitted
for the residential hillside portion of the project site, will be subject
to review and approval by the City Planning Department and city Engineer
prior to approval of the tentative map.
36. The developer shall prcvide required impact fees to the Gilroy unified
School District.
37. Prior to development of the site, the developer shall pay required City of
Gilroy Public safety impact fees.
38. The proposed. project shall k-e designed to meet the Residential Hillside
zoning district regulations, and all other zoning district, requirements
in effect at the time of development. The project design is subject to
review and approval by the City of Gilroy Fire Department, prior to
issuance of a building permit.
39. Developers shall pay the appropriate water development fees, subject to
review by the City Department of Public wcr'r,s prier to the issuance of a
building permit.
NEGATIVE DECLARATION 11 10/21/94
Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14
40. The developer shall prepare an infrastructure plan for water, sewer, storm
drain, and shall include, but not be limited to the following
requirements:
A. Main trunk lines for water, sewer, and storm drain shall not be located
within the right -of -way for the northern most .east -west street located
within the earthquake fault setback;
B. All utilities to, through, and on the project site shall be installed
underground (City Code section 21.120).(Hillside Development Guidelines
IVA2);
C. Every lot shall be provided with sanitary sewer service, connected to
the public sanitary sewer system. Eight inch minimum sewer mains shall
be required (Hillside Development Guidelines IVC2);
D. only where necessary, in order to provide for gravity flow, will
sanitary sewer laterals be allowed to cross lot lines in Private
Service Easements (PSE) (Hillside Development Guidelines IVC2);
E. The developer shall provide sewer backflow valves for sewer laterals on
all lots where the upstream sewer main is at an elevation above the lot
(Hillside Development Guidelines IVC3);
F. All sanitary sewer, storm drain, and water mains shall be located
within the street right -of -way, and shall be owned and maintained by
the city. All storm drain ditches which do not connect to City owned
storm facilities, or are not accessible in all- weather conditions,
shall be maintained by a homeowners association or the owner of the
property (Hillside Development Guidelines IVC4);
G. one sewer allocation shall be required for each proposed lot, including
lots for future model homes (Hillside Development Guidelines IVC7);
H. The developer shall pay for updating of the sewer Master Plan model if
the sewer system mains deviate from those shown on the Sewer Master
Plan (Hillside Development Guidelines IVC7); and
I. The developer shall pay for updating the Storm Master Plan if the storm
drain mains deviate from those shown on the Storm Master Plan (Hillside
Development Guidelines IVC8).
All plans shall be subject to the review and approval by the City
Engineer, prior to issuance of building permits with each applicable
phase.
41. All existing on -site wells shall be permanently capped in compliance with
the standards set forth by the Santa Clara Valley water District and the
City Department of Public works prior to issuance of a building permit.
42. Developers shall pay the appropriate sewer development fees, subject to
review by the City Department of Public works, prior to the issuance of a
building permit.
4=. The developer shall neactiate with the city Parks and Recreatior.
Department as to whether the developer shall either A) pay park -in -lieu
fees, or B) deed the property to the City of Gilroy, based upon a
mutually- aareed upon appraisal and have their park fees reduced
accordingly.
NEGATIVE DECLARATION 12 10/21/94
Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14
44. (Phases 1 and 2) During construction of Phases 1 and 2, as identified on
the PUD Site Plan dated May 25, 1994, and within the area, identified as
archaeologically sensitive in Figure 10, a qualified professional
archaeological monitor shall be present whenever earth- moving activities
take place during construction of Phases 1 and 2. The qualified
professional archaeological monitor shall prepare written reports to the
City of Gilroy Planning Department on a weekly basis. If archaeological
resources are uncovered during earth moving activities, all work shall be
halted. At that time, and prior to any further construction activities
within the archaeologically sensitive area, archaeological testing will be
necessary to determine the nature, extent, and significance of the site.
Testing shall include detailed surface collection and recording,
mechanical (backhoe) trenches to determine the depth and subsurface extent
of the site, and hand excavated units to determine its nature and
composition. The area identified as the "site area" in Figure 10 shall be
fenced off during construction activities associated with Phases 1 and 2.
No development, staging of equipment.or construction materials, placement
of spoils, discharge of construction - related wastes, or vegetation removal
shall be allowed in this area. The qualified professional archaeological
monitor shall be hired by the City of Gilroy Planning Department, and
funded by the developer, prior to issuance of a building permit.
45. (Future Phases) In the area identified in Figure 10 as "site area ",
further archaeological testing shall be performed and include the
following measures:
A. Backhoe trenches shall be placed at the edges of this site;
B. Hand excavation shall include a minimum of three one -by -one meter test
units. The units shall be excavated using standard archaeological
techniques. These techniques require that the units be excavated in
ten centimeter vertical increments (where appropriate) with all
materials (except bulk rock) being passes through 1/8 inch mesh screens
and any materials remaining in the screens transported to the
laboratory for wet screening, again using 1/8 inch mesh. The following
studies shall be conducted on _the materials recovered:
(1) Professional evaluation of animal bone recovered;
(2) Professional evaluation of the artifacts and debitage recovered;
(3) At least four radiocarbon dates shall be run on materials
recovered, provided that sufficient material is recovered to permit
radiocarbon dating; and
(4) Any other analyses as required; for instance, bead-analysis if any
beads are recovered from the site.
C. Following the test excavation, a Preliminary Archaeological Report and
Archaeological Mitigation Plan shall be prepared. This report shall
evaluate the significance of the cultural resources on the project site
and make the appropriate mitigation recommendations, prior to approval
of a tentative map for that portion of the project site;
D. A Final Technical Report shall be completed within approximately one
year of completion of the field work, and stall be submitted to the
City of Gilroy and to the Regional Information Center at Sonoma State
University; and
NEGATIVE DECLARATION 13 10/21/94
Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14
E. The professional archaeologist performing the survey shall consult with
the City Planning Department and the project biologist regarding
potentially significant biological resources in the archaeological
site area. This consultation is necessary for the archaeologist and
the biologist to gain an understanding of both the archaeological and
the biological resources of this portion of the project site.
This further testing, with the exception of item D, shall be performed
prior to approval of a tentative map for development within this area, and
is subject to review and approval by the City of Gilroy Planning
Department.
46. (All Phases) Due to the possibility that significant buried cultural
resources might be found during construction, language shall be printed on
construction drawings for all phases to protect these resources, pursuant
to review and approval of the City Planning Department. such language
might read as follows: "If archaeological resources or human remains are
discovered during construction, work shall be halted within 50 meters
(150) feet of the find until it can be evaluated by a qualified
professional archaeologist. If the find is determined to be significant,
appropriate mitigation measures shall be formulated and implemented „.
Date Prepared: October 21, 1994
End of Review Period: November 22, 1994
Approved by City council:
Michael Dorn, Director of Planning
' PLANNING DIVISION
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: JULY 8, 2002
TO: PLANNING COMMISSION
FROM: CYDNEY CASPER, PLANNER II elt/
RE: ADDITIONAL CONDITIONS FOR (CARRIAGE HILLS)
The Engineering Division has requested that the following conditions of approval be added to
the Carriage Hills hillside tentative map application:
3. (Continued) The applicant shall meet the following conditions subject to the review and approval of the
Engineering Division (Kristi Abrams or Don Nunes, 408- 846 -0450):
m. Street improvements and the design of all storm drainage, sewer and water lines, and all sheet
sections and widths shall be subject to the review and approval of the Engineering Division.
n. All utilities to, through, and on the site shall be constructed underground, in accordance with
Municipal Code Section 21.120.
o. Prior to Council approval of the Tract Map and Jn provemenf Plans, the following items will need
to be completed:
♦ A signed original composite plan by the elect,- cal design e7Tgineer shall be a part of the
improven7ent plans:
♦ A letter fiom the subdiiision design civil engmler shall be prepared, which .Rates that the
composite plan agrees with Cif l Codes and Standara'_r and that no underground utility conflict
eazsts:
t '`I-Y/ill Stnve ) --tier. "i7vm each utility company for the subditi.fion shall be supplied to the Ci >;
and
♦ Tile plan check aria' i7i.pectioli fee for the utili }' Nnat7gror4rrrd work will be collected by the City.
P770r tU a71j' fUliJir7lfiii:77 of a.iC 7/ir'il1.eS 711 i17C % Id i /�e f0�'Ui %in,Q i,'lll need 10 be Ji/pplir:d to the
City:
t o7zgirral electnc plan: 1277174
♦ A letter from the a "e!7p71 C1rr1 E77gi77eer that .Rates il. e C'lecii7eal p1a77 con JU7717J U' ?ih C71), Codes
and Sia77dci7 -dJ (; 77ri ;U 1& alproveet rubdiviSion 77Ti)7,07A*wtn1 7`6U77.f.
TM 02 -02 CARRIAGE Hni S 2 07/08/02
q. All improvements are to be done per Ciy of Gilroy Standards.
r. All retaining walls must be constructed of permanent materials such as concrete and masonry, and
shall be of a modular design; wood shall not be permitted
s. 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
prnperries.
t. All lots shall drain to the street for storm drainage.
u. 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 utiliy service stubs and meters and placements or
arrangements of junction structures as apart of the Improvement Plan submittals for the pryject
The composite drawings and /or utility improvement plans shall be signed by a licensed civil
engineer.
v. The developer shall negotiate rights -of -way with Pacific Gas and Electric and other utilities.
w. Subdivider shall defend, indemn and hold harmless the Ciy, its City Council, Planning
Commission, agents, ocers, and employees from any claim, action, or proceeding against the Cioty
or its City Council, Planning Commission, agents, afters, or employees to attack, set aside, void,
or annul an approval of the City, Ciy Council, Planning Commission or other board, advisory
agency, or legislative body concerning thu subdivision. City will promptly not t, 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
x. .911 existing water wells shall be sealed to meet the approval of the Ciy Engineer and the Santa
Clara Valley Water Distrid (SCVWD).
J. Equipment and stajing shall be prof ded for watch; rig of all spared or di.clurGed soil, surfaces at 'east tn7ee
daily. An apprapr;2le dust palliative or suppressant, added to water before application, shall be utilized
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004 -22 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
15th day of March, 2004, 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 18th day of March, 2004.
City Clerk of the City of Gilroy
(Seal)