Loading...
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 \NVH\622386.1 01-042604-04706089 -1- 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. \NVH\622386.1 01-042604-04706089 -2- Resolution No. 2004-40 \NVH\622386,1 01-042604-04706089 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. -3- 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: ~: AT~.;ST:, Q....,/-" ~() . /fCrrtd(( 'J~/~/~ ' Rh01ltla Pellin, City Clerk \NVH\622386.1 01-042604-04706089 -4- 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). 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. 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. 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 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. NEGATIVE DECLARATION Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14 12 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 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 NEGATIVE DECLARATION Z 94-3, TN 94-2, TN 94-3, POD: A/S 94-14 l3 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, 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)