Resolution 2004- 40
RESOLUTION NO. 2004-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING NS 03-38, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT (PUD) ON AN APPROXIMATELY 6
ACRE SITE LOCATED AT THE INTERSECTION OF
CARRIAGE DRIVE AND ACORN WAY, APN 783-52-012
WHEREAS, Santa Clara County New Communities, the applicant, submitted NS 03-38,
an application for architectural and site approval of a Planned Unit Development ("PUD") on an
approximately six (6) acre site 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 meetings 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 NS 03-38, and
recommended that the City Council deny said application; and
WHEREAS, the City Council held a duly noticed public meeting on April 19, 2004, at
which time the City Council considered the public testimony, the Staff Report, the subsequent
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Resolution No. 2004-40
staff report, a supplemental staff report dated April 12, 2004, and all other documentation related
to application NS 03-38; and
WHEREAS, the City Council determined that nine (9) conditions should be incorporated
into the project as set forth in the Staff Report; 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 adopts the findings as required by Zoning Ordinance
section 50.55 based upon substantial evidence in the entire record.
1. The project conforms to the Gilroy General Plan in terms of general location
and standards of development, because the site is designated as Low Density
Residential and although the General Plan density rate for the Low Density
Residential designation is 3 to 7.25 units per acre, and the residential density
of this phase is 8 units per acre, this project is the clustered phase of a larger
development, and the density for the entire Planned Unit Development is
within the General Plan density range for Low Density Residential
Development.
2. The project fills a specific need of the surrounding area for diversity in
housing stock by providing detached townhouses, which housing stock type
typically is a less expensive than the larger and estate size homes in other
phases of the development.
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Resolution No. 2004-40
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3. The project does not require urban services beyond those that are available
currently at the project site.
4. As the final phase of a larger integrated plan, the project provides a different
type of housing in the area and incorporates a large section of open space and
recreational amenities, and thus provides a harmonious, integrated plan which
would justify exceptions, if such are required, to the normal requirements of
the City's Zoning Ordinance.
5. The project reaches the upper end of the General Plan permissible density
range and provides a more affordable housing type than currently available in
the area, and is an in-fill development with existing development on three
sides of the property and an approved phase of the development on the
western side, and therefore reflects an economical and efficient use of this
property
6. The project includes extensive amounts of open space and recreational
amenities, which exceed minimum City requirements and meet the City's
Multi-Family Housing Guidelines.
7. The project's design of the buildings, entryways and landscaped areas blend
with the character of the surrounding area.
8. The project as mitigated will not create traffic congestion, noise, odor or other
adverse effects on the surrounding areas beyond those effects already
evaluated by the General Plan.
9. The project provides adequate access, parking, landscaping, trash areas and
storage, as necessary.
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Resolution No. 2004-40
B. NS 03-38 should be and hereby is approved subject to
1. The 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, 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,
VELASCO and PINHEIRO
MORALES,
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
GARTMAN and VALIQUETTE
NONE
APPROVED:
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Rh01ltla Pellin, City Clerk
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Resolution No. 2004-40
EXHffiIT A
A/S 03-38, Carriage Hills Phase IV
CONDITIONS OF APPROVAL
PLANNED UNIT DEVELOPMENT CONDITIONS
1. Approval of NS 03-38 is subject to the applicant receiving approval of the amendment to
RD 01-19 and tentative map (TM 03-07) applications.
2. Landscaping: 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.
3. Mechanical Appurtenances: Mechanical equipment to be located on the roof of a building
shall be screened by an architectural feature of the building, such that it cannot be seen
from ground level at the far side of the adjacent public right-of-way, whenever possible.
4. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward
from the site toward any residential use or public right-of-way.
5. The second floor of the residences along the eastern property line shall not have any clear
glass windows facing east.
6. Building colors shall be of earth tone colors consistent with the color elevations
submitted for this project.
7. Any fencing constructed along the eastern property boundary shall be of black wrought
iron or tubular steel material for visibility with heavy landscape planting for buffering.
All fences must meet the requirements of Zoning Ordinance Section 34.
'.
EXHIBIT B
{revised}
CITY FILB RUMBBRS: Z 94-3. TN 94-2. TN 94-3. POD A/S 94-14
PROJBCT DBSCRIPTION:
Name of Project: New cities Development Group, "Carriage Hills"
Nature of Project: Proposed request to rezone a portion of the site from Rl
(single Family Residential), RH (Residential Hillside), and PF (Park/public
Facility) to RI-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.
PROJBCT LOCATION:
Location: West of Rancho Hills Drive, and north of Mantelli Drive.
Assessor's Parcel Numbers: 783-52-003, 004, and 005
Entitv or Person(s) Undertakinq Pr01ect:
Name: New cities Development Group
Address: 9781 Blue Larkspur Lane, Monterey, CA 93940
BXPANDED 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 & 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 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, TN 94-2, TN 94-3, PUD: A/S 94-14
2
11/30/94
revised
Mitiqa~ion Measure.:
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
hillside.;
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 IB). 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 land 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
Z 94-3, TN 94-2, TN 94-3, POD: 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, TN 94-2, TN 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 shali be
porous in nature, wherever feasible1 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 (p~~~~e All Phases): P~~~~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, D and F, this measure applies to
these areas as well. P~~~~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~~~~e 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 !~~~~e all 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
contingent on approval of the HCP by the FWS.
NEGATIVE DECLARATION
Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14
6
11/30/94
revised
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.
ll. 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 10A.
l2. 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, TN 94-2, TN 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 lOa-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 lOO-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, TN 94-2, TN 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 /
Longmeadow Drive intersection;
B. Design 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 from Mantelli 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 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).
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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 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.
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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 i~
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.
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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 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 shall be submitted to the
city of Gilroy and to the Regional Information Center at Sonoma State
university; and
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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, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-40 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)