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Resolution 2004- 38 RESOLUTION NO. 2004-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 03-07, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 6 ACRE SITE INTO 49 PARCELS, CONSISTING OF 48 RESIDENTIAL TOWNHOUSE PARCELS AND 1 PARCEL FOR A CLUBHOUSE, OPEN SPACE AND COMMON AREAS, LOCATED AT THE INTERSECTION OF CARRIAGE DRIVE AND ACORN WAY, APN 783-52-012 WHEREAS, Santa Clara County New Communities, the applicant, submitted TM 03-07, requesting a tentative map to subdivide an approximately six (6) acre site into forty-nine (49) parcels, consisting of forty-eight (48) residential townhouse parcels and one (1) parcel for a clubhouse, open space and common areas, located at the intersection of Carriage Drive and Acorn Way, APN 783-52-012; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City prepared a mitigated Negative Declaration for the original phases of the project, which was adopted by the City Council on January 17, 1995, and this phase of the project was reviewed with the previously-prepared initial study and was found to be consistent, and subsequent biological and archeological studies were conducted and no significant effects to the environment were found beyond the effects identified and mitigated in the mitigated Negative Declaration; and WHEREAS, the Planning Commission held duly noticed public hearings on March 4, 2004 and March 18, 2004, at which time the Planning Commission considered the public testimony, the Staff Report dated February 27,2004 ("Staff Report"), the subsequent staff report dated March 4, 2004, and all other documentation related to application TM 03-07, and recommended that the City Council deny said application; and WHEREAS, the City Council held a duly noticed public hearing on April 19, 2004, at INVH\622229.1 01-042204-04706089 -1- Resolution No. 2004-38 which time the City Council considered the public testimony, the Staff Report, the subsequent staff report, a supplemental staff report dated April 12, 2004, and all other documentation related to application TM 03-07; and WHEREAS, the project is consistent with zoning approved by the City Council pursuant to application Z 94-03; 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 hereby finds as follows: 1. The project is substantially consistent with the land use designation, Low Density Residential-Planned Unit Development of the General Plan and the intent of the General Plan. 2. The project is consistent with the Zoning Ordinance, and the City's Subdivisions and Land Development Code. 3. Public utilities and infrastructure improvements needed to serve the proposed project are in close proximity. 4. There are no facts to support the findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474. 5. There is no substantial evidence in the record that the project would have an unmitigated significant effect on the environment. B. Tentative Map TM 03-07 should be and hereby is approved, subject to INVH\622229.1 01-042204-04706089 -2- Resolution No. 2004-38 ~ 1. The sixty-nine (69) final conditions of approval attached hereto as Exhibit A, and incorporated herein by this reference. 2. The forty-six (46) mitigation measures set forth in the Negative Declaration prepared under Z 94-03 and dated October 21, 1994, which is attached hereto as Exhibit B and incorporated herein by this reference. PASSED AND ADOPTED this 3rd day of May, 2004 by the following AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN and VALIQUETTE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~~ 'c:t/ 'A- ~. ~ Rhonda Pellin, City Clerk INVHI622229.1 01-042204-04706089 -3- Resolution No. 2004-38 EXHffiIT A TM 03-07, Carriage Hills Phase IV CONDITIONS OF APPROVAL TENTATIVE MAP CONDITIONS The applicant shall meet the following conditions, subject to the review and approval of the Planning Division, Cydney Casper (408-846-0440): 1. Mitigation Measures #1 through #46', contained within the Negative Declaration prepared under Z 94-03, dated 10/21/94, 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. 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. Landscaping plans including specifications for an irrigation system and project entryway features shall be approved by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to issuance of a building permit. 4. The applicant shall comply with the recommendations as outlined in the Tree Resource Evaluation/Construction Impact Assessment report completed by James P. Allen & Associates dated December 17, 2003. Any necessary tree replacement shall be made at a 3:l ratio for every tree removed. A re-vegetation program shall be prepared by a certified arborist and submitted to the Planning Division for approval prior to the removal of any trees. 5. 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 Attomey prior to recordation of any Final Map. 6. The alignment of Acorn Way at Carriage Drive must be aligned so that exiting traffic will not be directly facing anyone residential unit on the south side of Carriage Drive. 7. Prior to any grading or construction activities, a qualified professional archeologist shall complete a rnitigation program and submit a copy to the Planning Division for review. A qualified archeologist shall also be present during all construction and earth-moving activities in the areas identified by Dr. Robert Cartier of Archeological Resource Management in their report titled "Archeological Testing Program or the Carriage Hills Project in the City of Gilroy, " dated September 12, 2003. In the event archeological resources or human remains are discovered, all work shall be halted to within 150 feet of the find until a qualified professional archeologist can evaluate them. 8. All grading and improvement plans shall include a note as follows: "If archeological 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 archeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." 9. All retaining walls shall be constructed of textured masonry material (keystone typical). 10. Consistent with the biological report titled "Biological Resources Analysis Report for the Carriage Hills Property, Santa Clara County, California" dated August 26, 2003 and prepared by Olberding Environmental, Inc.: Prior to any construction or grading a qualified biologist shall complete a survey during the months of March and June (blooming season) to determine the presence of either two special status plants, big- scale balsamroot (Balsamophiza macrolepis) and the showy Indian Clover (Trifolium amoenum). If these plants are determined to be present all areas with these plants shall be staked and the California Department of Fish and Game shall be given a minimum 10-day notification period for the salvage of any plant materials. A copy of this survey shall be provided to the Planning Division prior the issuance of any grading permits. 11. Consistent with the biological report titled "Biological Resources Analysis Report for the Carriage Hills Property, Santa Clara County, California" dated August 26, 2003 and prepared by Olberding Environmental, Inc.: A pre-construction survey shall be prepared by a qualified biologist to determine the presence of any nesting raptor, bat, or migratory bird species. If any nesting sites are determined to be located on the project site, a buffer area must be established around the nesting site by a qualified biologist and protected until the young have fledged. A copy of this survey shall be provided to the Planning Division prior the issuance of any grading permits. 12. Consistent with the biological report titled "Biological Resources Analysis Report for the Carriage Hills Property, Santa Clara County, California" dated August 26, 2003 and prepared by Olberding Environmental, Inc.: The necessary removal of any on- site trees shall occur outside the breeding season for nesting raptors, bats and migratory bird species, which is during the months of January to July. 13. Consistent with the biological report titled "Biological Resources Analysis Report for the Carriage Hills Property, Santa Clara County, California" dated August 26, 2003 and prepared by Olberding Environmental, Inc.: Best Management Practices consistent with the Santa Clara Valley Water District requirements and Storm Water Pollution Prevention Program such as hay bales, silt fencing, placement of straw mulch and hydro seeding of exposed soils after construction shall be put in place to prevent endangering of aquatic life and the reduction of wildlife habitat on-site and off-site. 14. Vector based e-files will be required prior to Final Map approval, readable by AutoCAD (IGES, DXF, DWG), containing lot and street layout and all City utilities. These files will be used to update the City's GIS system. 15. The following language shall be included on any permits issued at the project site, subject to the review and approval of the Gilroy Engineering and Building Divisions. "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." 16. The developers shall establish a homeowner's asSOCIation to ensure the ongomg maintenance of common areas, buffer area landscaping and vee-ditch. The applicant shall meet the following conditions, subject to the review and approval of the Engineering Division, Kristi Abrams (408-846-0450): 17. All storm water and sewer systems shall be privately owned and maintained within recorded private easements. The water system must be publicly owned and maintained within a public utilities easement. 18. Provide a 20' private easement for utilities between lots 35 and 36. 19. Provide private easements for all utilities except the water system, which requires a public easement. 20. Identify and clarify "PSE" on the final map legend. 21. Identify and clarify "CM" on the final map legend. 22. A Storm Water Pollution Prevention Plan shall be filed with the Regional Water Quality Control Board with a copy to the City. An Erosion Control plan and Waste Discharger Identification shall be submitted to the City. 23. Certification of improvement on site plans is required prior to Building final (add to general notes on Title sheet of plans). 24. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of plans). 25. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of plans). 26. Full frontage improvements are required for all new development. 27. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria. 28. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be in accordance with City Standards and shall follow the most current Master Plan for streets and each utility. The developer shall provide full street, curb, gutter and electrolier improvements. 29. 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 the grades of all adjacent properties. 30. Certification of grades and compaction is required prior to building permit final. This statement must be added as a general note to the Grading and Drainage Plan. 31. If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 32. New and existing utility lines to, through and on the site, and appurtenances and associated equipment, including, but not limited to, electrical transmission, street lighting, cable television and telephone shall be required to be placed underground. 33. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 34. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final Map submittal. 35. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 36. A current Title Report shall be submitted for review to the City prior to final map approval. 37. In the event it is necessary to acquire offsite easements or street rights-of-way, the owner shall enter into an agreement with the City prior to final map approval agreeing to pay all condemnation costs, for dedication of all required easements or street right-of-way. This agreement shall be recorded and require the owner to deposit all condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City. 38. 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. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground.) 39. A note shall be placed on the plans which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists. 40. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. 41. The City will collect the plan check and inspection fee for the utility underground work. 42. A current Title Report shall be submitted for review to the City prior to fmal map approval. 43. Prior to any construction of the dry utilities in the field, the applicant will need to provide a professional engineer-signed and PG&E-approved original electric plan and a letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans 44. 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. 45. All lots shall drain to the street for storm drainage. Minor exceptions may be allowed subject to the approval of the City Engineer. 46. Improvement plans are required for all on-site and off-site improvements. 47. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 48. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility comparues. The applicant shall meet the following conditions, subject to the review and approval of the Fire Division, Jacqueline Bretschneider (408-846-0430): 49. Hydrants are required to be spaced 300 ft. Hydrants shall be within 150 ft of any building. Final hydrant location to be reviewed and approved by the Deputy Fire Marshal prior to final map filing. 50. Road widths shall be as follows, or an exception from the Fire Chief obtained. a. 20 ft. no parking on either side b. 28 ft. no parking on one side. c. 38 ft parking not restricted 51. Where parking is restricted, it shall be posted with signs for No Parking-Fire Lane and curbs shall be painted red. Signage and curb painting shall be maintained in good condition. The parking enforcement plan shall be reviewed and approved by Deputy Fire Marshal prior to the final inspection of the first unit built. The parking enforcement plan shall be provided by the developer for the HOA to follow, and shall be included in the CC&R's 52. Final map to include a paragraph that reads: "Red curbing and signage shall be maintained by the Home Owners Association. A parking enforcement shall be implemented by the Homeowners Association." 53. Due to the configuration of streets and units in this PUD all residential units shall be provided with a Fire Sprinklers meeting the NFPA 13D requirements. This condition shall be noted on the final map cover page. 54. Access Roadways shall not be gated unless a separate gating plan is submitted and approved. Gating shall only be allowed if electric and provided with Opticom Automatic Opening devices matching the Fire and Police system. This condition shall be noted in the CC&R's and noted on the final map cover page. 55. Roads shall not exceed 15 % grade. Driveways with greater than 15% grade or longer than 150 ft shall be provided with an approved Fire Engine turnout. 56. Lots against a hillside or open area shall have a minimum 30' perimeter buffer that meets the Fire Department Fuel Transition Zone Policy or an alternate design shall be submitted for approval by the Fire Chief. 57. A Class 'A' Roof materials required. Attic vents shall be screened with meshed material suitable for high fire hazard zones and eves to be protected with one hour or equivalent construction. Chimneys shall be provided with Spark Arresters. 58. House numbers shall be clearly visible from the street. If the house is recessed the house number shall be provided at the driveway entrance and at a height of not less than 36 inches from the ground. All main address numbers shall be a minimum of 2.5 inches in height with a 3/8 inch stroke and placed to read from left to right and/or top to bottom. 59. No use of Fireworks shall be allowed in this development. This should be reflected in the CC&R's. The applicant shall meet the following conditions, subject to the review and approval of the Building, Life & Environmental Safety Division, James Fruit (408-846-0430): 60. Disabled access parking is to be provided; and meet the 2001 CBC 1118Al. The disabled access parking space should be part of the main parking area provided for public guests and potential business customers. Plans need to have disabled access designs revised for compliance prior to tentative map approval. 61. A soils report shall be submitted containing design recommendations for footings, retaining walls, make provisions for anticipated differential settlement, have specifications for grading work, have specifications for subsurface water drainage controls, and have specifications for surface water drainage/erosion controls for the finished lots. This requirement should be noted on the plans. 62. Prior to excavation, adjoining landowners shall be given notice of the date, location, and extent of excavation in conformity with Section 832 of the California Civil Code and notice copies shall be provided to the Building Official prior to issuance of grading permit. This requirement should be noted on the plans. 63. Due to the hillside nature of this project, there will be critical grading, drainage, erosion controls, and soil stability concerns. Each property; whether individually, severally, jointly owned, or owned in common by the homeowner's association; is to have a limitation recorded to the property title that supervision by a licensed Geotechnical Engineer is required for: a. Any work that disturbs surface water drainage patterns. b. Any excavation that impacts surface water drainage or subsurface water. c. Any surfacing that increases or concentrates surface water drainage volume or velocity. d. Any retaining structure of any kind into the earth, including but not limited to; retaining walls, planters, garden walls, ponds, fountains, swimming pools, spas, ditch, and waterways. 64. Disabled access in compliance with State and Federal law is required to all facilities of any kind other than a single family home lot within the lot boundary line. The subdivision plans need revision to clearly show how disabled access is provided at all areas to be used "in common" including but not limited to; sidewalks, clubhouse, walkways, playground area(s), and guest parking. 65. Any wall within 3ft of property line must be constructed to one hour fire resistive standards and have no openings of any kind including but not limited to; windows, attic ventilation, underfloor ventilation, and clothes dryer exhaust. 66. Any roof eave may not be closer than 2ft to property line and be constructed to one hour fire resistive standards if within 3ft to property line. The applicant shall meet the following conditions, subject to the review and approval of the Santa Clara Valley Water District, Yvonne Arroyo (408-265-2600): 67. On-site water detention facilities may need to be provided to mitigate for increased runoff due to development until regional detention or additional downstream channel improvements are provided. 68. Post-construction water quality mitigation measure should be included in the design of the project. The applicant will be required to file a Notice of Intent with the State Water Resources Control Board. 69. Any existing on-site wells must be properly registered with the District and either maintained or abandoned in accordance with the District's standards. '. EXHIBIT B {revised} CITY FILE NUMBERS: Z 94-3. TN 94-2. TN 94-3. Pun A/S 94-14 PROJECT DESCRIPTIOH: Hame of project: New cities Development Group, "carriage Hills" Hature 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 LOCATIOH: Location: West of Rancho Hills Drive, and north of Mantelli Drive. Assessor's Parcel Humbers: 783-52-003, 004, and 005 Entitv or personCs) undertakinq proiect: Hame: New cities Development Group Address: 9781 Blue Larkspur Lane, Monterey, CA 93940 EXPANDED IHITIAL 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. FIRDIHG5 & REASOH5: 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 map~ B. The proposed project is substantially consistent with the adopted goals 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 developed residential properties~ and D. All potential significant effects can be mitigated to reduce them to an insignificant level of impact. NEGATIVE DECLARATION Z 94-3, TM 94-2, TM 94-3, PUD: A/S 94-14 2 11/30/94 revised MitiqatioD 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 arid 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 IIA1); 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 Z 94-3, TM 94-2, TM 94-3, PUD: A/S 94-14 3 11/30/94 revised 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-based 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 drainage to the City's storm drain system; B. provisions for periodic sweeping for roadways, driveways, and parking areas on the project site; NEGATIVE DECLARATION Z 94-3, TM 94-2, TM 94-3, PUD: A/S 94-14 4 11/30/94 revised 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 (Fa~a~e All Phases): Fa~a~e All 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, 0 and F, this measure applies to these areas as well. Fa~a~e All phases shall be designed, subject to review and approval by the city of Gilroy Planning Department prior to approval of the tentative maps for those phases. If Mitigation Measure 9A is not feasible, then implement Mitigation Measure 9B. NEGATIVE DECLARATION Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14 5 11/30/94 revised 9B. RARE PLANTS (P~~~re All 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 ~~~~re all phases. lOA. 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? 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 contingent on approval of the HCP by the FWS. NEGATIVE DECLARATION Z 94-3, TM 94-2, TM 94-3, PUD: A/S 94-14 6 11/30/94 revised lOB. 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 lOA 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 1 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 lOA. 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. Passive 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 Z 94-3, TM 94-2, TM 94-3, PUD: A/S 94-14 7 11/30/94 revised 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 be delineated in the field prior to issuance of a grading permit for Phase 1 and shall remain for all phase 'of the proposed project. 16. FRESHWATER 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 practices regarding the storage and disposal of construction materials and the fueling and maintenance of vehicles and equipment are utilized. NEGATIVE DECLARATION Z 94-3, TM 94-2, TM 94-3, PUD: A/S 94-14 8 11/30/94 revised 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 slop$s 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 be considered foremost. Therefore, the project should be designed to avoid the removal of oak trees and whether or not they are proposed for removal. These trees shall be assessed by a certified arborist. NEGATIVE DECLARATION Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14 9 11/30/94 revised 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. OAK 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. OAK 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 / Longrneadow Drive intersection; B. Design and install a right turn lane on Santa Teresa Boulevard from Mantelli Drive to Longrneadow Drive. This shall include a date and phasing schedule; and c. Design and improve Santa Teresa Boulevard from Mantelli Drive to Longrneadow 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 m1n1m1ze 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 circumstances. 29. Street standards shall be consistent with the City of Gilroy standard specifications and details (Hillside Development Guidelines VA2). NEGATIVE DECLARATION Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14 lO 11/30/94 revised 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. 3l. 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 lO:OO 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 provide required impact fees to the Gilroy Unified school District. The applicant has independentlv entered into a contractual aqreement with the school district to mitiqate the effects on schools. 37. Prior to development of the site, the developer shall pay required city of Gilroy Public safety impact fees. 38. The proposed project shall be 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 Works prior to the issuance of a building permit. NEGATIVE DECLARATION Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14 11 11/30/94 revised 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 2l.l20) (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. 43. The developer shall negotiate with the city Parks and Recreation 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-agreed upon appraisal and have their park fee~ reduced accordingly. NEGATIVE DECLARATION Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14 l2 11/30/94 revised 44. (Phases 1 and 2) During construction of phases land 2, as identified on the PUD site plan dated May 25, 1994, and within the area identified as archaeologically sensitive in Figure lO, 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 lO 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 l/8 inch mesh screens and any materials remaining in the screens transported to the laboratory for wet screening, again using l/8 inch mesh. The following studies shall be conducted on the materials recovered: (l) 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 shall be submitted to the city of Gilroy and to the Regional Information center at Sonoma state university; and NEGATIVE DECLARATION Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14 13 11/30/94 revised 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 23, 1994 Approved by city council: Michael Dorn, Director of Planning I, RHONDAPELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-38 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 3rd day of May, 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 14th day of May, 2004. ~~~~, City Clerk of the City of Gilroy (Seal)