Resolution 2005-06
RESOLUTION NO. 2005-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 04-09, A TENTATIVE MAP
TO SUBDIVIDE AN APPROXIMA TEL Y 9.6 ACRE SITE
INTO A 17-PARCEL RESIDENTIAL SUBDIVISION
LOCATED SOUTH OF SUNRISE DRIVE, WEST OF
SANT A TERESA BOULEVARD, NORTH OF RODEO
DRIVE DEAD-END, AND EAST OF CHEYENNE DRIVE
DEAD-END, APN 783-20-015
WHEREAS, Camino Enterprises Corp., the applicant, submitted TM 04-09, requesting a
tentative map to subdivide an approximately 9.6 acre site into a subdivision consisting of
seventeen (17) residential parcels located south of Sunrise Drive, west of Santa Teresa
Boulevard, north of Rodeo Drive dead-end, and east of Cheyenne Drive dead-end, APN 783-20-
015; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council on January 18,2005, adopted a mitigated Negative Declaration for this project, the City
Council finding that the Negative Declaration was completed in compliance with CEQA, that it
reflects the independent judgment of the City, and that there is no substantial evidence in the
record that the project as mitigated will have a significant effect on the environment; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 6,
2005, at which time the Planning Commission considered the public testimony, the Staff Report
dated December 20, 2004 ("Staff Report"), and all other documentation related to application
TM 04-09, and recommended that the City Council approve said application with conditions; and
WHEREAS, the City Council held a duly noticed public hearing on January 18, 2005, at
which time the City Council considered the public testimony, the Staff Report, a follow-up Staff
Report dated January 10, 2005, and all other documentation related to application TM 04-09; and
WHEREAS, the location and custodian of the documents or other materials which
IGB01647471.1
01-012005-04706089
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Resolution No. 2005-06
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
SECTION I
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds as follows:
1. The project is consistent with the land use designation for the property on
the City's General Plan map and with the intent of the goals and policies of the General
Plan.
2. The project IS consistent with the Zoning Ordinance, the City's
Subdivisions and Land Development Code, and the State Subdivision Map Act.
3. Public utilities and infrastructure improvements needed to serve the
proposed project are in close proximity.
4. The project is consistent with surrounding development.
5. There is no substantial evidence in the entire record that the project as
mitigated will have a significant effect on the environment.
6. There are no facts to support the findings requiring denial of the proposed
tentative map pursuant to California Government Code section 66474.
B. Tentative Map TM 04-09 should be and hereby is approved, subject to the thirty-
three (33) conditions attached hereto as Exhibit A and incorporated herein by this
reference, and the Negative Declaration dated December 8, 2004, and the ten (10)
mitigation measures incorporated therein, and Mitigation Monitoring Program,
attached hereto as Exhibit B and incorporated herein by this reference.
IGB01647471.1
01-012005-04706089
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Resolution No. 2005-06
PASSED AND ADOPTED this 7th day of February, 2005, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATTEST:
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Rhonda Pellin, City Clerk
IGB01647471.1
01-012005-04706089
CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
NONE
NONE
;;;?~
Albert Pinheiro, Mayor
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Resolution No. 2005-06
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EXHIBIT A
- TM 04-09
4
12/20/04 "
Plannim! Division (contact Greee Polubinskv 408-846-0440)
These conditions are subject to the review and approval of the Planning Division.
1. MITIGATION MEASURES #1 through #10 contained within the Negative Declaration dated
December 8, 2004 for Rancho Meadows II and Camino Enterprises Project shaD be applied to
the approval of this Tentative Map in order to reduce and/or eliminate all potential significant
impacts to a level of insignificance as required under the California Environmental Quality Act
(CEQA).
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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 ~gency, 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. 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.
Eneineerine Division (contact Kristi Abrams 408-846-0450)
These conditions are subject to the review and approval of the Engineering Division.
4. Full frontage improvements are required for all new development. All streets must show sidewalks on
both sides.
5. All work is to be done in compliance with the City of Gilroy Specifications and Standards.
6. Street improvements and the design of all storm drainage, sewer and water lines, and ,,all street sections
and widths shall be by City Standard. The developer shall provide full street, curb, gutter; sidewalk and
electrolier improvements. . ,
7. 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.
8. 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.
9. If the project has excess fill that will be off-hauled to a site within the city limits of Gilroy, an additional
pennit is required. This statement must be added as a general note to the Grading and Drainage Plan.
10. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal
Code Section 21.120.
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TM 04-09
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12/20/04
11. Installation of underground utility lines, etc.: exceptions. New and existing utility lines, appurtenances
'and associated equipment, including, but not limited to, electrical transmission, street lighting, and cable
television and telephone shall be required to be placed underground as required in Article V of this
chapter starting with section 21.111 (Ord. #81-11, & 1,3-16-81; Ord. #89-17, & 1, 10-16-89).
12. The developer shall tile a Final Map.
13. The developer shall submit an estimate of the probable cost of off-site improvements with the Final
Map submittal.
14. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map
recordation.
15. In the event it is necessary to acquire off site easements or street rights-of-way, prior to Final Map
approval the owner shall enter into an agreement to pay all condemnation costs, if necessary, for
dedication of [the easements or street right-of-way]. The owner shall place a note on the Final Map
agreeing to pay all condemnation costs. This agreement shall 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.
16. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be
completed:
A. A signed original composite plan by the electrical design engineer shall be a part of the
improvement plans.
B. A letter from the subdivision design civil engineer shall be prepared which states that the
composite plan agrees with City Codes and Standards and that no underground utility conflict
exists.
C. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City.
D. The City will collect the plan check and inspection fee for the utility underground work.
17. Prior to any construction of the utilities in the field, the following will need to be supplied to the City:
A. A signed and PG&E-approved original electric plan.
B. A letter from the design Civil Engineer that states the electrical plan conforms to City Codes and
Standards, and to the approved subdivision improvement plans.
18. 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.
19. All lots shall drain to the street for storm drainage.
20. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone,
cable television, and communication conduits and cables including the size, location and details of all
trenches, locations of building utility service stubs and meters and placements or arrangements of
junction structures as a part of the Improvement Plan submittals for the project. The composite
drawings and/or utility improvement plans shall be signed by a licensed civil engineer.
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21. Submit improvement plans for on-site and off-site (use City standards).
22. 'Submit a hazard Material clearance for the underground tank removal.
23. Submit an Erosion Control plan and Storm Water Pollution Prevention Plan.
24. The d~veloper 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 companies.
25. All previous review comments shall apply unless otherwise specified in writing.
26. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara
Valley Water District (SCVWD).
27. Repair and replace any broken sidewalks, curbs or gutters and driveways.
Community Services Deoartment (contact Todd Barreras 408-846-0460)
These conditions are subject to the review and approval of the Community Services Department.
28. Street trees shall be required according to the City's Consolidated Landscape Policy. Contact the
Community Services Department for requirements on placement, species and maintenance. A street
tree permit shall be obtained prior to obtaining a building permit.
Fire Marshal (contact J. Bretschneider at 846-0430)
These conditions are subject to the review and approval of the Fire Marshal.
29. Street Hydrants shall be spaced every 300 feet.
30. On-site hydrants shall be provided within 150 feet of any portion ofa building. Each parcel shall have
its own connection to the public water main for its hydrant and fire sprinkler water supply. Large
. complexes shall have looped fire water systems. Hydrants, FOC and PIV to be at locations approved
by the Fire Marshal. FOC's shall be within 40 feet of a hydrant and hydrant to be on the same side of
the fire access road as the FOC.
31. Roadways and driveways shall provide a minimum 20 feet of unobstructed travel. Turns shall provide
an inside turning radius of39 feet. No parking zones signage and curb painting shall be maintained in
good condition.
32. Drivable access shall be provided within 150 feet of any building pad. Access completely around
buildings is desirable. Dead end streets or access in excess of 150 feet shall be provided with a turn.
Buildine. Life and Environmental Safety (contact Jane Alexander at 846-0430)
These conditions are subject to the review and approval of the BLES Division.
33. BLES has attached conditions to this staffreport dated May 17, 2004 and July 23,2004.
illiam aus
Planning Division Manager
bfaus@ci.gilroy.ca.us
City of Gilroy C~,
Community Development Department
BLES Division - Building
408 846-0430 - Fax: 408 846-0429
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Owner:
Project address:
Scope of Work:
Planning #:
Date:
Plan checker:
Camino Enterprises Corp.
South of Sprig Way and north of Rodeo Drive
Tentative Map request for 17 Parcels
04050004 TM 04-09
5-17-2004
Jane Alexander
The Building Division has performed a cursory review of preliminary plans submitted to'the
Planning Division for the application noted above. The plans will require compliance with the
following informational items and conditions of approval at the time of building permit
submittal:
1. CONDmONS FOR SITE AND BUll...DING PERMIT:
. Separate plan and permit are required for grading, drainage and erosion control.
. Separate plan and permit are required for detached retaining and sound walls.
. Separate plan with construction details are required for garden walls.
. Roof drains/rainwater leaders to be hard piped to storm drain system.
2. DESIGN PROFESSIONAL -This project will require a State of Cali fomi a registered design
professional to design, stamp and wet sign the construction plans.
In order in review, please provide the following:
. Deferred submittals and Special inspection requirements shall be located on the Title
page of the plans.
. A fully dimensioned plot plan with distance to property lines/setbacks.
. Distance between structures.
. Building area.
. Type of construction.
. Occupancy.
. Slopes and grade.
. Show the location of all entrances and exits.
. Show emergency egress to the public way.
. Locate all utilities on site plan.
· Exterior wall and openings construction shall comply with 2001 CBC Chapter 5.
3. BUll...DING CODES - All construction shall comply with Building, Mechanical, Plumbing,
Electrical, T -24 Energy and Accessibility, and City codes in effect at the time' of issuance of
the building permits resulting in actual construction. Put the version used for the design on
the plans. All work shall conform to local ordinances and the following:
. 2001 California Building Code.
. 2001 California Electrical Code.
. 2001 California Mechanical Code.
.. 2001 California Plumbing Code.
4. SOll...S REPORT - A soils report shall be submitted containing design recommendations for
footings, retaining walls, and make provisions for anticipated differential settlement.
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5. FEMA- This project may be in a flood zone and must meet the City of Gilroy "FloodpJain
Management Ordinance" #98-16.
6. FOUNDATIONS - All mitigation measures and design recommendations identifi'ed i,n
the soils report approved by the Building Official, MUST be reviewed by the soils
engineer of record for conformance. Structural foundation design plans must also be
reviewed by the soils Engineer of record for conformance to recommendations contained
within the soils report.
7. FOUNDATION INSPECTIONS - Prior to requesting a Building Department
foundation inspection, the soils engineer shall inspect and approve the mitigation measures
and the foundation excavations. The soils engineer shall submit documentation to ,the
Building Division, which verifies compliance with the recommendations specified in the
soils report. I
8. EROSION CONTROL - The applicant shall submit an Interim Erosion and Sediment
Control Plan. This can be incorporated on the Grading Plan.
9. DUST AND MUD CONTROL MEASURES.
Contractors performing grading operations within the City where dry conditions are
encountered shall adequately control dust or mud from spreading off-site or into existing
structures on-site. Prior to commencement of the grading operations, contractor shall
furnish details of proposed dust or mud control measures to the Building Official for
approval. Failure to control dust or mud from grading operations shall result in suspension
of grading operations until adequate measures are in place to allow continuance.
10. SPECIAL INSPECTIONS - In addition to the inspections by CBC Sec. 108, the owner or
the engineer or architect of record acting as the owners agent shall employ one or more
special inspectors who shall provide special inspections when required by CBC section 1701.
Please contact the Building Division at the time of plan submittal to obtain an
application for special inspections.
11. STRUCTURAL CALCULATIONS - Provide Structural Calculations verifying
compliance with all applicable provisions of the Uniform Building code Chapter 16. Prior
to request for final inspection, written verification by the engineer of record indicating
conformance with the structural design shall be submitted to the Gilroy Building
Division.
13. GRADING AND SHORING - A site development permit shall be required for all grading
and shoring work. Shoring plans, calculations, etc., must be reviewed and approved by
Building Division.
14. NOTICE OF EXCA VA TION-Prior to excavation, adjoining landowners shall be given
notice of the date, location, and extent of the excavation in conformity with Section 832 of the
Civil Code and copies shall be provided to the Building Official prior to the issuance of the
grading permit.
15. BUILDING SECURITY - Provide details to show how the conditions of the Building
Security Ordinance # 85-17 will be met.
. Provide an illuminated address at the front of structure.
. Except where clear vision panels are installed, all front exterior doors shall be equipped
with a wide-angle (180 degree) door viewer, not to be mounted more than fifty-eight (58)
inches from the bottom of the door.
16. ADDRESS - Provide proper address for proposed project on each page of plans prior to
submission of plans for initial building plan check. Provide Assessors Parcel number on title
page.
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17. PRE-CONSTRUCTION CONFERENCE - A pre-construction conference shall be held at
a time and location agreed upon by the City and applicant for the purpose of review and
approval of construction procedures. The building owner/developer shall be represented by
his designer and construction staff. The City will be represented by departments having
, conditions of approval on the project.
18. Please see attached Pre-Submittal Information and Onsite Grading and/or
Improvements Required General Notes. Contact the Building Department if you have
not copy.
19. NOTE: This is NOT a plan review approval.
When building permit application is made, additional comments may be added due to
incomplete plans, plan changes from this Architecture and Site application, mistakes, errors
or omissions.
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r.
'.,. City of Gilroy
Community Development Department
BLES Division - Building
408846-0430 - Fax: 408846-0429
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Owner:
Project address:
Scope of Work:
Planning #:
Date:
Plan checker:
Camino Enterprises Corp.
South of Sprig Way and north of Rodeo Drive
Revised Tentative Map request for 17 Parcels
04050004 TM 04-09
7-23-2004
Jane Alexander
The Building Division has performed a cursory review of preliminary plans submitted to
the Planning Division for the application noted above. The plans will require compliance
with the following informational items and conditions of approval at the time of building
permit submittal:
See comments dated 5-11-2004 and the following:
1. CONDmONS FOR SITE AND BUILDING PERMIT:
. Separate plan and permit required for Fire Sprinklers, Alarms and
Hydrants.
2. DESIGN PROFESSIONAL -This project will require a State of California registered
design professional to design, stamp and wet sign the construction plans.
In order in review, please provide the following:
. Deferred submittals and Special inspection requirements shall be
located on the Title page of ~e plans.
3. PLAN SUBMITTALS
. New Residential 4, 2 of the 4 wet stamped and signed.
. Model plans must included reverse plans for foundation, floor plans and sections.
. For subdivisions, submit an 8 1/2" x 11" inch plot plan, including address, tract
number, lot number, setbacks, lot drainage, utilities and street furniture.
. Residential Alterations 3
. Energy and Structural Calculations 2
4. CONSTRUCTION RESTRICTIONS -All construction shall be restricted to the
following hours:
. Weekdays (Monday thru Friday) 7:00 am to 7:00 pm
. Saturdays and City Holidays 9:00 am to 7:00 pm
. Sundays No Construction Activity Allowed.
5. NOTE: This is NOT a plan review approval.
When building permit application is made, additional comments may be added due
to incomplete plans, plan changes from this Architecture and Site application,
mistakes, errors or omissions.
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ONSITE GRADING AND/OR IMPROVEMENTS
REQUIRED GENERAL NOTES
The following General Notes are required on all onsite grading and/or improvement plans submitted for approval
to the City of Gilroy Community Development Department, Building Division, and shall not be modified.
Additional notes may be added under the title of Project Notes. The Building Official will resolve any con~icts
that may arise between the required Grading Notes and the Project Notes.
1. Temporary Bench Mark - Based on a City approved benchmark as shown on these plans.
Elevation Location (to be entered when known).
2. All existing elevations shall be field verified by contractor unless otherwise noted. Any differences found
for existing conditions or off site work compared to approved plans shall be immediatelY reported to the
design Engineer and the Building Official for on-site conditions for determining how the project is
impacted and any adjustments required.
3. All survey monuments shall be installed at locations shown on the corresponding final map before
acceptance of the subdivision. Approval by Engineering Division. . I
4. Contractor shall not destroy or damage any existing permanent survey monuments. Any monuments
destroyed or damaged shall be replaced at the contractor's expense. Approval by Engineering Division.
5. All on site work shall conform to the latest edition of the City of Gilroy Standards that are hereby made a
part of these plans. Any proposed or necessary deviation from the Standards must be submitted in
writing and written Building Official approval given prior to proceeding with work not in compliance with
the Standards.
6. Developer or person in responsible charge of the work, shall arrange fora pre-construction meeting with
the Building Division prior to commencing anv construction. Coordination is required with the
Engineering Division. An encroachment permit shall be obtained from the City of Gilroy~mmunity
Development Department, Engineering Division, upon completion of said meeting and prior to
construction of an v improvements within an existing or offered for dedication right-of-way, public utility
easement or public service easement. A completed set of plans signed by the City Engineer is equal to
an encroachment permit.
7. A grading permit shall be obtained from the City of Gilroy Building Division prior to any' grading of building
pads and/or any on site area. Applicant for the grading permit shall provide a plan review letter from the
Soils Engineer with the plan submittal. A grading permit does not give contractor permission to
commence any off-site grading. Only upon improvement plans City approval (plans signed by City
Engineer) and completion of a pre-construction meeting, shall contractor commence off-site grading.
8. Contractor is to notify the Building Official 2 working days prior to commencing any work phase.
9. Contractor shall preserve all surrounding property by confining operations to within the "Limits of Work"
and/or within site property lines. Contractor shall be responsible for maintaining access for all adjoining
residents, places of business, and properties at all times and in a safe manner. Contractor shall make
proper notification two weeks in advance and again three days in advance of any interruption in access
or utility services to the above property owners or tenants, the City Engineer's ,Representative, and the
Building Official.
10. Excavations on-site that obstruct existing required access for vehicles and pedestrians shall be
backfilled, compacted, and temporarily paved with cold mix cut back type A.C. to allow for vehicular and
pedestrian traffic prior to 4:00 P.M. The use of trench plates is allowed, provided the Contractor covers
all edges of the plates with cold mix material. Non-skid trench plates shall be used in the pavement
city of Gilroy
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areas. It shall be the Contractor's responsibility to maintain on a daily basis, including weekends, the
amount of material necessary to maintain the trench surface flush with the existing pave"lent or walks.
In addition, the Contractor shall respond to and correct shifting trench plates regardless ofth~ time of '
day. If Contractor fails to correct sinking backfill material or shifting trench plates in a timely manr')er,
City shall reserve the right to correct the problem and back charge the contractor.
11. To reduce a potential fire hazards, Contractor shall only use equipment prQvided with an approved spark
arrestor
12. Right of Modification for onsite work:
Approval of this plan does not release Subdivider, Contractor, Permitee, or Owner of any responsibility
for correcting mistakes, errors, or omission, contained therein. If during the course of construction, ,
public safety interest requires a modification of or a departure from these improvement ~Ians or the City
Standards, the Building Official shall have the authority to require such modifications and departures.
Departures or modifications are to be properly documented by the person(s) responsible for project
design and are subject to Building Official.
13. Off-Site and On-Site Water & Dust Control:
Contractor shall provide a water truck on the work site at all times. Contractor will be allowed to draw
water from the City of Gilroy Water Distribution System only after obtaining a hydrant meter from the
Community Services Department and an inspection of the water truck for a proper backflow device or
air-gap filling pipe. Developer has paid for off-site construction water which shall be used for site
grading only. Contractor shall keep dust production to a minimum from construction activity to the
maximum extent possible. Contractor shall clean all existing streets, curbs, gutters, and sidewalks
affected by the project at the end of each working day.
14. Material Storage:
No material shall be stored near the edge of pavement, traveled way, sidewalk, gutters, driveway, or
shoulder line which may create a hazard for vehicular and pedestrian traffic, or wash into the stonn drain
system.
15. Trench restoration shall be according to City of Gilroy Standards.
16. Trench Safety: .
It shall be Contractor's responsibility to provide all necessary trench safety measures for excavations.
All trench safety measures shall be in accordance with the latest CAL-OSHA guidelines. Contractor
shall provide evidence of a CAL-OSHA trenching permit at the pre-construction meeting for all trenching
over 4 feet in depth.
17. Joining Existing Pavement:
Existing pavement to be joined by new pavement shall be saw cut vertical to provide straight, true and
neat joints. Overlapping of existing pavement without saw cutting or grinding shall not be permitted.
The vertical edges shall be tacked prior to paving. Terminals of all surfacing indicated on the plans shall
join any existing surface in a smooth butt joint. Conform paving by method of abrasive grinding will be
allowed upon approval of the City Engineer.
18. Sanitary Sewers:
All manholes, sewer mains, and laterals on-site must pass a leakage test as described in the City of
Gilroy Standard Details for Construction. After all backfill, testing, and pavement restoration has been
completed, the contractor shall flush and clean all sewer lines 24 inches or less in diameter by the
Wayne Ball Method. After the leakage test, but prior to paving, a television inspection shall be
performed at all locations of newly installed sewer mains at contractor's expense. A television
inspection copy is to be filed with. the Building Official including a report on the inspection findings. The
city of Gilroy
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underground contractor must keep an accurate record of manholes and the distance between them and
each wye branch lateral, and their direction.
19. Before any upstream sewers are constructed, the contractor shall expose and verify the elevation and
lo~tion of existing sewer lines to be connected.
20. The end of each new lateral shall be marked as shown in City of Gilroy Standards. The concrete
contractor shall stamp an "S" on the face of curb directly above the lateral.
21. Water Liries:
Contractor shall not tum off or on any valves belonging to the City's water system without permission of
the Water Division. Only Community Services Department personnel shall open the necessary valves to
connect new piping. Failure to follow this requirement shall be considered an "unlawful connection" and
may result in issuing of a citation and fines as specified in Section 13.04 of the Gilroy Municipal Code.
The Water Division may authorize the contractor to operate designated valves.
22. Connections requiring shut down of the system shall be done between the hours of Midnight and 6:00
AM, and only upon coordination with the Community Services Department.
23. All on-site water piping shall be tested after completion of the trench backfill and compaction of the final
base material, but prior to placement of the final paving surface. Water piping in landscape or turf areas
may be tested prior to trench backfill if compaction is not required.
24. Contractor shall place marker posts adjacent to all air relief valves and blow off assemblies along water
mains located in unimproved areas or fields. The markers shall be blue 72" curb-flex utility markers with
an appropriate label.
25. The concrete contractor shall stamp a letter "W' on the face of curb directly above the water service.
26. Backfill & Compaction:
Backfill material shall in accordance with City Standards.
27. Jetting and/or flooding of trench backfill material will not be permitted.
28. Any excess excavation material may be deposited onsite in areas and at depths designated by the
Owner, and with written approval of the Building Official and the Soils Engineer.
29. The minimum relative compaction for trench backfill, subgrade, and base material shall be 95%
throughout the project unless recommended otherwise in the Soils Report and approved by the Building
Official.
30. Trench backfill:
Contractor shall provide compaction test results of the lifts specified in the soils report to the Building
Official from a certified testing laboratory at contractor's expense.
31. Any aggregate base that becomes contaminated during construction shall be removed and replaced with
uncontaminated base.
32. Erosion Control
An erosion control plan shall be required prior to any physical development of a property planned
between October 15th and April 15th. Said plan shall meet the minimum standards and specifications of
the Loma Prieta Resource Conservation District. In addition, see section 3316.3 a through d added to
Building Code appendix chapter 33 for erosion control plans and wet season work approvals. Contractor
city of Gilroy
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shall be responsible for initiating the required erosion control measures during the above ti'rne p~riod and
obtaining Building Official approval for any wet season earth work of any kind.
city of Gilroy
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EXHIBIT B
Community Development
Department
Planning Division
MITIGATED NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna Sf.
Gilroy, CA 95020
(408) 846-0440
City File Number: TM-04-08 & TM-Q4-09
ProJect Description:
Name of Project: Rancho Meadows Two 8.. Camino Enterprises
. Nature of Project: Tentative Map Approval
Prolect Location:
Location: The project site is located in the northwestern quadrant of
Gilroy roughly situated between Sunrise Drive, Longmeadow
Drive, and Santa Teresa Boulevard via various lo2:alstreets.
The project would front and extend Spring Way, Cheyenne
Way and Rodeo Drive.
Assessor's Parcel Numbers:
783-62-014 & 783-62-020
En"tv or Person(s) Undertaklna Prolect:
Name: Rancho Meadows, Inc.
Address: 4962 EI Camino Real, Suite 119; Los Altos, CA 94022
Name: Camino Enterprises Corporation
Address: 4962 EI Camino Real, Suite 119; Los Altos, CA 94022
1"I"al Study:
An Initial study of this project was undertaken and prepared for the
purpose of ascertaining whether this 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, CA 95020.
Flndlnas & Reasons:
The Initial Study identified potentially significant effects on the environment.
However, this project has been mitigated (see Mitigation Measures below which
avoid or mitigate the effects) to a point where no significant effects will occur.
There is no substantial evidence the project may have a significant effect on the
environment. The following reasons will support these findings:
1. The proposal is a logical component of the existing land use of this area.
2. Identified adverse impacts are proposed to be mitigated through preparation
of special studies and construction of off-site improvements.
3. The proposed project is consistent with the adopted goals and policies of the
General Plan of the City of Gilroy.
4. City staff independently reviewed the Initial Study, and this Negative
Declaration reflects the independent judgment of the City of Gilroy.
Mlflaaflon Measures:
1 . The following dust control measures shall be incorporated into all permits for any
phase of proposed construction on the project site. The measures shall be
implemented as necessary to adequately control dust subject to the review
and approval of the Gilroy Engineering and Building Division.
The following measures shall be implemented at all construction sites:
. Water all aGtive construction areas at least twice daily;
. Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard;
. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites;
. Sweep daily (with water sweepers) all paved access roads, parking areas
and staging areas at construction sites;
· Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets.
Ranch Meadows Two / Camino Enterprises 3
Mitigated Negative Declaration
12/8/2004
The following additional measures shall be implemented at construction sites
greater than four acres in area:
. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more):
. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed
stockpiles (dirt, sand, etc.):
. Limit traffic speeds on unpaved roads to 15 mph:
. Install, sandbags or other erosion control measures to prevent silt runoff to
public roadways:
. Replant vegetation in disturbed areas as quickly as possible.
The following measures may be implemented at construction sites that are very
large or are located near sensitive receptors:
. Install wheel washers for all existing trucks, or wash off the tires or tracks of all
trucks and equipment leaving the site:
. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 25 miles per hour,
. Limit the area subject to excavation, grading and other construction activity
at anyone time.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Building
Engineering Divisions
&
2. Black Walnut trees on and adjacent to the project site shall be retained, to the
greatest extent feasible. Prior to the issuance of grading or building permits, the
dripline of significant trees shall be fenced prior to grading and building activities
to prevent root and trunk damage. If retention of existing trees is not feasible, a
written report shall be prepared by a certified consulting arborist, subject to the
approval of the City of Gilroy, detailing the number and location of each tree
to be removed, the size and health of each tree, the reason for removal, and
specifications for replacement specimens. The written report shall be prepared
prior to commencement of grading and building activities, subject to approval
by the City of Gilroy Planning Division. Replacement of removed trees, inclUding
three previously removed Black Walnuts, shall be replaced with on a 3:1 ratio
inside city limits and under the guidance of a certified consulting arborist, with
location, size, species and methods subject to the approval of the Planning
Division. Installation of replacement specimens shall occur prior to issuance of
building permits for the last residence.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Planning Division
Ra nch Meadows Two / Camino Enterprises 4
Mitigated Negative Declaration
12/8/2004
3. Subject to the review of the City of Gilroy Planning Division, no more than 30
days prior to commencement of grading or construction activities on t,he
project site, field surveys shall be conducted by a qualified biologist to
determine, if burrowing owls are present in the construction zone or within 200
feet of the construction zone. Areas within 200 feet of the construction zone
that are not within the control of the applicant shall be visually assessed from
the project site. These surveys shall be required only If any construction would
occur during the nesting and/or breeding season of burrowing owls tFebruary 1
through August 31) and/or during the winter residency period (December 1
through January 31). If active nests are found in the survey area, a burrowing
owl habitat mitigation plan shall be submitted to the California Department of
I
Rsh and Game for review and approval. The burrowing owl habitat mitigation
plan shall contain mitigation measures contained in the California Department
of Fish and Game Staff Report on Burrowing Owl Mitigation (California
Department of Fish and Game 1995). Compliance with this mitigation measure
may include, but not be limited to, the following:
. Avoidance of occupied burrows during the nesting season (February 1
tl'ilrough August 31):
· Acquisition, protection and funding for long-term management and
monitoring of foraging habitat adjacent to occupied habitat:
. Enhancement of existing burrows and/or creation of new burrows:
. Passive relocation of burrowing owls.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Planning Division
4. The project applicant shall retain a qualified biologist approved by the City of
Gilroy to provide the United States Fish and Wildlife Service (USFWS) and
California Department of Fish and Game information required for early
evaluation of potential project impacts to the San Joaquin kit fox and proposed
mitigation, as outlined in the San Joaquin Kit Fox Survey Protocol for the Northern
Range (June 1999) prior to issuance of building permits and construction
activities at the project 'site. The agencies will then determine appropriate
project modifications (if any) to protect kit fox. Modifications could include,
education of site personnel, biological monitoring, avoidance measures,
minimization, restoration, preservation, or compensation. Actions
recommended by the USFWS and California Department of Fish and Game will
be enacted prior to the onset of ground disturbance activities at the project
location.
Party responsible for implementation:
Applicant
Ranch Meadows Two / Camino Enterprises 5
Mitigated Negative Declaration
12/8/2004
"
Party responsible for monitoring:
Gilroy Planning Division
5. Unless proposed construction activities are planned to occur outside of the
nesting seasons for local avian species, the project applicant shall retain a
qualified biologist approved by the City of Gilroy to conduct a focused survey
for active nests of raptors and migratory birds within and in the vicinity of the
construction area no more than 30 days prior to the onset of major construction
activities prior to construction activities. If active nests are located during pre-
construction surveys, USFWS and/or California Department of Rsh~nd Game
shall be notified regarding the status of the nests. Furthermore, construction
activities shall be restricted as necessary to avoid disturbance of the nest untillt
is abandoned or the biologist deems disturbance potential to be '!linimal.
Restrictions may Include establishment of buffer zones or alteration, of the
construction schedule.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Planning Division
6. Due to the possibility that significant buried cultural resources might be found
during construction the following language shall be included any permits issued
for the project site, Including, but not limited to building permits for future
development, subject. to the review and approval of the Gilroy Planning
Division:
If archaeological resources or human remains are discovered during
construction, work shall be halted at a minimum of 200 feet from the
find and the area shall be staked off. The project developer shall
notify a qualified professional archaeologist. If the find is deter.rn{ned
to be significant, appropriate mitigation measures shall be formulated
and implemented.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Planning Division
7. In the event of an accidental discovery or recognition of any human remains in
any location other than a dedicated cemetery, the City shall ensure that this
language is included in all permits in accordance with CEQA Guidelines section
15064.5(e):
If human remains are found during construction there shall be no
further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human remains until the
coroner of Santa Clara County is contacted to determine that no
investigation of the cause of death is required. If the coroner
Ranch Meadows Two / Camino Enterprises 6
Mitigated Negative Declaration
12/8/2004'
determines the remains to be Native American the coroner shall
contact the Native American Heritage Commission within 24 hours.
The Native American Heritage Commission shall identify the person or
persons it believes to be the most likely descendent from the
deceased Native American. The most likely descendent may then
make recommendations to the landowner or the person responsible
for the excavation work, for means of treating or disposing of, with
appropriate dignity, the human remains and associated grave goods
as proyided in Public Resources Code Section 5097.98. The landowner
or his authorized representative shall rebury the Native American
human remains and associated grave goods with appropriate dignity
on the property ina location not subject to further disturbance if: a}
the Native American Heritage Commission is unable to identify a most
likely descendent or the most likely descendent failed to make a
recommendation within 24 hours after being notified by the
commission; b} the descendent identified fails to make a
recommendation; or c} the landowner or his authorized representative
rejects the recommendation of the descendent and the mediation
by the Native American Heritage Commission fails to provide
measures acceptable to the landowner.
Party responsible for implementation:
Party responsible for monitoring:
-Applicant
Gilroy Planning Division
8. The applicant shall incorporate the findings and recommendations of the
geotechnical investigation prepared by Wayne ling & Associates, dated April
2004, and subsequent updates to that report, into final grading and building
plans, subject to the review and approval by the Gilroy Engineering and
Building Divisions.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Building
Engineering Divisions
&
9. The applicant shall submit a Notice of Intent (NOI), detailed engineering
designs, and a storm water pollution prevention (SWPP) program to the Central
Coast RWQCB to obtain a NPDES General Construction Permit prior to any
grading or construction activities at the project site. This permit shall require
implementation of an approved SWpp thqt uses storm water II Best
Management Practices" to control runoff, erosion, and sedimentation from the
project site. The applicant shall incorporate post-construction water Quality
mitigation measures into final improvement plans for the proposed proiect. A
maintenance plan shall be developed by the applicant for those post-
construction water Quality measures that reQuire extensive maintenance. The
Ranch Meadows Two / Camino Enterprises 7
Mitigated Negative Declaration
12/8/2004
construction {e.9. SWPPJ and post-construction water qualify measures, are is '
subject to review and approval by the Central Coast RWQCB and the City of
Gilroy Engineering Division.
Party responsible for implementation:
Party responsible for monitoring:
Division
Applicant
Gilroy Engineering
10. As part of normal City review and approval procedures for future Rrojects the
following transportation measures shall be incorporated to mitigate construction
noise, as determined feasible by the City Building and Engineering divisions:
. Limit construction activity to weekdays between 7:00 AM and 7:00 PM and
Saturdays and holidays between 9:00 AM and 7:00 PM, with no construction
on Sundays; and '
. Locate stationary noise-generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or ore near 0 construction
project area.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Building Division
Date Prepared: December 9, 2004
End of Review Period: January 8, 2004
Date Adopted by City Council:
William Faus
Planning Division Manager
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005-06 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
7th day of February, 2005, 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 February, 2005.
~f~~
City Clerk of the City of Gilroy
(Seal)