Resolution 2006-41
RESOLUTION NO. 2006-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 05-02, A TENTATIVE MAP
TO CREATE 108 SINGLE-FAMILY RESIDENTIAL LOTS
ON APPROXIMATELY 24.5 ACRES LOCATED AT THE
NORTHWEST CORNER OF SANTA TERESA
BOULEVARD AND SUNRISE DRIVE, APNS 783-20-055, -
056
WHEREAS, the Glen Loma Group submitted application TM 05-02, requesting a
tentative map to create one-hundred-and-eight (108) single-family residential lots on an
approximately 24.5-acre site zoned Single Family Residential-Planned Unit Development
(Rl/PUD) located at the northwest corner of Santa Teresa Boulevard and Sunrise Drive, APNs
783-20-055,-056; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council on January 21, 2003, adopted a mitigated Negative Declaration and the required
mitigation and monitoring program in connection with tentative map application TM 01-03,
which environmental analysis applies to this project; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 2,
2006, at which time the Planning Commission considered the public testimony, the staff report
dated February 22, 2006 ("Staff Report"), and all other documentation related to application
TM 05-02, and recommended that the City Council approve this application; and
WHEREAS, the City Council held a duly noticed public hearing on March 20, 2006, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to TM 05-02 and directed the applicant to revise the project; and
WHEREAS, the City Council considered the revised application TM 05-02 at public
hearings on May 15, 2006, and June 5, 2006, and at a study session on May 22, 2006, at which
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Resolution No. 2006-41
times the City Council considered the public testimony, the Staff Report, subsequent staff reports
dated March 13, 2006, May 9, 2006, May 30, 2006, and June 5, 2006, ("Subsequent Reports")
and all other documentation related to application TM 05-02; and
WHEREAS, the City Council determined that the conditions of approval set forth in the
Staff report as modified by recommendation of the Planning Commission and Subsequent
Reports should be incorporated into the Project; 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.
SECTION I
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds as follows:
1. The Project conforms to the land use designation for the property on the
City's General Plan map and is consistent with the intent of the goals and policies of the
General Plan.
2. The Project is consistent with the City's Zoning Ordinance and
Subdivisions and Land Development Code, and the State Subdivision Map Act.
3. Public utilities and infrastructure improvements needed to serve the
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.
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Resolution No. 2006-41
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 05-02 should be and hereby is approved, subject to the
"Tentative Map Conditions" attached hereto as Exhibit A and incorporated herein by this
reference, and subject to the Negative Declaration, the mitigation measures incorporated
therein, and the Mitigation Monitoring Program, attached hereto as Exhibit Band
incorporated herein by this reference.
PASSED AND ADOPTED this 12th day of June, 2006, by the following vote:
AYES:
COUNCIL MEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, and
PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
VELASCO
APPROVED:
ATTj:. . . ~.
~ J(~d I .). .
j ,/!-UYUZ;( \Y~~(I'-
Rhortda Pellin, City Clerk
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Resolution No. 2006-41
EXHIBIT A
TM 05-02
Final Conditions of Approval
Plannin2 Division (contact Melissa Durkin at 846-0440, Melissa.Durkin@ci.gilroy.ca.us)
1. MITIGATION MEASURES #1 THROUGH #18, contained within the Negative Declaration adopted
for Tentative Map application TM 01-03 shall be applied to the approval of the project in order to
reduce and/or mitigate all potential significant impacts to a level of insignificance, as required under
the California Environmental Quality Act (CEQA). This shall be subject to the review and approval
of the Planning Division.
City Attorney (contact Linda Callon, 286-5800, linda.callon@berliner.com)
2. The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning
Commission, agents, officers, and employees from any claim, action, or proceeding against the City or
its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or
annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or
legislative body concerning this subdivision. City will promptly notify the subdivider of any claim,
action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed
pursuant to California Government Code Section 66474.9.
3. With the exception of lots that received an exemption from the application of the City's Residential
Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et seq.), no building permit
shall be issued in connection with this project ifthe owner or developer of such development (i) is
not in compliance with the RDO, any conditions of approval issued in connection with such
development, or other City requirements applicable to such development; or (ii) is in default under
any agreement entered into with the City in connection with such development pursuant to the RDO.
En2ineerin2 Division (contact Kristi Abrams, 846-0450, Kristi.Abrams@ci.gilroy.ca.us 846-0450)
4. Santa Teresa and Sunrise restricted to no vehicle access at property boundaries.
5. Project is responsible for all costs of design and construction ofthe extension of water, sewer and
storm drain facilities along the project frontage of Santa Teresa up to and including to the mid-point
in Lion's creek (north of the project).
6. A SWPPP and an Erosion Control Plan is required for all development over 1 acre.
7. Certification of improvement on site plans is required prior to Building final (add to general notes on
Title sheet of plans).
8. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of
plans).
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TM 05-02
Final Conditions of Approval
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9. 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.
10. Certification is required by the design engineer of the design and construction for all retaining walls
shown on the improvement plans prior to final acceptance of the subdivision.
11. All retaining walls must be constricted of permanent materials such as concrete or masonry, and shall
be of a modular design; wood shall not be permitted.
12. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in
Traffic Control Design.
13. A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the public
right -of- way.
14. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the
City Engineer in writing.
15. Full frontage improvements are required for all new development. All streets must show sidewalks
on both sides.
16. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design
Criteria and is subject to all laws of this community by reference.
17. Street improvements and the design of all storm drainage, sewer and water lines, and all street
sections and widths shall be in accordance with City Standards and shall follow the most current
Master plan for streets and each utility. The developer shall provide full street, curb, gutter, sidewalk
and electrolier improvements.
18. 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.
19. Ifthe project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the
city limits of Gilroy, an additional permit is required. This statement must be added as a general note
to the Grading and Drainage Plan.
20. A minimum of one exterior monument shall be set. Additional monuments can be required by the
City Engineer or City Surveyor as deemed necessary.
21. Location of monuments shall be tried out prior to work. Any City monument damaged, displaced or
destroyed shall be replaced at the developer's sole expense.
22. New and existing utility lines to, through and on the site, and appurtenances and associated
equipment, including, but not limited to, electrical transmission, street lighting, cable television and
telephone shall be required to be placed underground.
TM 05-02
Final Conditions of Approval
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23. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
24. The developer shall submit an estimate of the probable cost of developer-installed off-site
improvements with the Final map submittal.
25. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final
Map recordation.
26. In the event it is necessary to acquire offsite easements or street right-of-way, the owner shall enter
into an agreement with the City prior to Final Map approval agreeing to pay all condemnation costs,
for dedication of all required easements or street right-of-way. This agreement shall be recorded and
require the owner to deposit all condemnation costs with the City within 21 days of Final Map
approval. The owner shall agree to provide an initial cash deposit as determined by the City.
27. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to
be completed:
a. The developer shall provide joint trench composite plans for the underground electrical,
gas, telephone, cable television, and communication conduits and cables including the size,
location and details of all trenches, locations of building utility service stubs and meters
and placements or arrangements of junction structures as a part of the Improvement Plan
submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite
drawings and/or utility improvement plans. (All dry utilities shall be placed underground.)
b. A note shall be placed on the plans which states that the composite plan agrees with City
Codes and Standards and that no underground utility conflict exists.
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.
28. A current Title Report shall be submitted for review to the City prior to Final map approval.
29. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the
City:
a. A professional engineer-signed and PG&E-approved original electric plan.
b. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms
to City Codes and Standards, and to the approved subdivision improvement plans.
30. All lots shall drain to the street for storm drainage.
31. Improvement plans are required for all on-site and off-site improvements.
32. Submit a Hazardous Material clearance for any underground tank removal from the appropriate
agency.
33. A Storm Water Pollution Prevention Plan shall be filed with the Regional Water Quality Control
Board with a copy to the City. An Erosion Control Plan and Waste Discharger Identification shall be
submitted to the City.
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TM 05-02
Final Conditions of Approval
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34. The developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to
the review and approval by the Engineering Division and the utility companies.
35. Storm and sewer lines in private streets shall be privately maintained unless approved by the City
Engineer in writing.
36. If any portion of the project is located in a special flood hazard area as shown on the most current
flood insurance rate map; a flood zone study is required. Should the City Engineer determine a
LOMR (letter of map revision) is required, no permits will be issued until a CLOMR (conditional
letter of map revision) is completed. No permits will be finaled until the LOMR is complete. Any
flood conditions imposed on this project by the National Flood Insurance Program or the City of
Gilroy will be enforced by the City of Gilroy.
37. If any portion of the project is located in a special flood hazard area, provide the following statement
in a bold box with minimum J;4 inch text on the front sheet of the plan set: "This project is located in
a Flood Zone. A Conditional Elevation Certificate is required prior to the foundation pour and an
Elevation Certificate with pictures of each of the four building elevations is required prior to final
inspection" .
38. If any portion ofthe project contains recycled water facilities as shown in the South County Recycled
Water Master Plan, the facilities shall be installed at sole expense of the developer prior to final or
occupancy of the first building.
39. If there is a Homeowners Association in place with this map prior to the map being released for
recordation, Conditions, Covenants and Restrictions shall be approved by the Planning Division.
40. The City shall be notified at least two (2) working days prior to the start of any construction work and
at that time the contractor shall provide a project schedule and a 24 hour emergency telephone
number list.
41. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as
deemed appropriate by the City Engineer.
42. Once the tentative map is approved, the developer shall submit an 8-112 X II-inch site plan to the
Engineering Division to assign addressing which shows the following: tract name and number, lot
number, street names, property lines, right-of-way lines, north arrow and curb cuts for driveway.
43. Reimbursement is required for any frontage infrastructure including but not limited to curb, gutter,
sidewalk, storm, sewer, and water, constructed by others that benefits this development.
44. The permanent street name sign shall be installed immediately after the curb and gutter construction
is complete.
45. The developer/contractor shall make accessible any or all City utilities as directed by the City
Engineer.
46. Provide a Signal Interconnect quad duct conduit from Santa Teresa Boulevard to Sunrise Fire Station.
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Final Conditions of Approval
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47. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes,
errors or omISSIOns.
48. The Tentative Map and Final Map shall conform to all Engineering design criteria (i.e. Standards,
specifications, etc.), conditions and community services/operations requirements.
Santa Clara Valley Water District (contact Yvonne Arroyo at 265-2607, yarroyo@valleywater.org)
49. A SCVWD permit is required for any construction within 50 feet of the channel. Improvement plans
shall be sent to the district, and shall show grading, drainage, landscaping and fencing. All plans shall
be subject to review and approval by the SCVWD.
50. Site grading shall be done such that there is no overbank drainage into the creek, subject to review
and approval by the SCVWD.
51. The Santa Clara Urban Runoff Pollution Prevention Program's recommended Best Management
Practices should be incorporated into the design layout, to the extent possible, subject to the review
and approval ofthe SCVWD.
52. The design ofthe site should incorporate water quality mitigation measures such as those found in
"Start at the Source, Design Guidance Manuel for Stormwater Quality Protection," subject to the
review and approval ofthe SCVWD.
53. The developer will be required to obtain a National Pollutant Discharge Elimination System
(NPDES) General Permit for Storm Water Discharge Associated with Construction Activity from the
State Water Resources Control Board, subject to review and approval by the SCVWD and the State
Water Resources Control Board.
Fire Department (contact Jackie Bretschneider at 846-0430, J acqueline.Bretschneider@ci.gilroy.ca.us)
54. The following Tentative Map conditions shall be included on off-site improvement plans as "Fire
Department Notes." The developer shall illustrate conditions or add notations as directed:
a. Prior to street completion the Fire Marshal shall be contacted and a fire clearance for offside
improvements shall be scheduled.
b. Fire Hydrants shall be able to flow 1,500 gpm with a 20 psi residual pressure for homes up to
3,600 square feet. Street Hydrants shall be spaced every 300 feet, and within 150 feet of any
building. Hydrants shall be installed prior to commencement of construction with combustible
materials. The most remote hydrant shall be flow tested by the Fire Marshal prior to possession by
the water department. Flow test shall be submitted to the Fire Marshal prior to the building
permit. Curbing shall be painted red for 15 feet on each side of each hydrant.
EXHIBIT B
Community Development Department
Planning Division
NEGA TIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 846-0440
City File Number: TM 01-03
Proiect Description:
Name of Project:
Nature of Project:
Rancho Hills/Deer park Subdivision
Tentative Map to create 227 residential lots and three remainder
parcels on a 76:l::-acre site. The total build out of this site will
result in the development of334 single-family homes.
Proiect Location:
Location: Property is located north and south of Sunrise Drive, west of Santa Teresa
Boulevard
Assessor's Parcel Numbers: 783-20-003, 783-20-004, 783-20-035, 783-20-038, and
783-20-041.
Entity or Person(s) Undertakin2 Proiect:
Name:
Address:
Glen Loma Group (c/o John Filice)
7888 Wren Avenue, Suite D-143, Gilroy, CA 95020
Initial 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.
.
TM 05-02
Final Conditions of Approval
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6/7/06
c. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less
than 15 feet shall be provided. Parking restriction shall be as follows:
1. 20 feet no parking on either side
2. 28 feet no parking on one side.
3. 36 feet parking not restricted.
d. Where parking is restricted, it shall be posted with signs for "No Parking-Fire Lane" and curbs
shall be painted red. Signage and curb painting shall be maintained in good condition.
e. Street signage shall be installed prior to anyon-site improvements (foundations or buildings) has
begun.
f. House numbers shall be clearly visible from the street. If the house is recessed, the house number
shall be provided at the driveway entrance and at a height of not less than 36 inches from the
ground. All main address numbers shall be a minimum of 2.5 inches in height with a 3/8 inch
stroke and placed to read from left to right and/or top to bottom.
55. The applicant shall provide bus stop improvements in compliance with the Valley Transportation
Authority letter of February 24,2006, subject to the review and approval of the Engineering Division.
56. Prior to recordation of the first final map, the developers shall enter into a maintenance agreement
with the City of Gilroy. This agreement will address the installation of landscaping for the area
delineated as Parcel "B", listed as 32,570 square feet, as shown in the Rancho Hills and Deerpark
Phase III Tentative Map; establish developer funding for the maintenance of Parcel "B"; and establish
the period of time the developer will maintain the landscaping on Parcel "B". This agreement shall be
subject to the review and approval of the Engineering Division Manager, the Planning Division
Manager, and the Operations Services Manager.
Rancho Hills/Deer Park Subdivision
Revised Negative Declaration
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Findin2s & 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 judgement of the City of Gilroy.
Miti2ation 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 active 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.
The following additional measures shall be implemented at construction sites greater than four
acres III area:
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~ 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.
2. 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 the 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 (February 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 Fish
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 through 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.
Rancho Hills/Deer Park Subdivision
Revised Negative Declaration
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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 occurring within 200 feet of trees located on
and adjacent to the project site, a tree survey shall be conducted by a qualified biologist to
determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet ofthe
construction zone that are not within the control of the applicant shall be visually assessed from
the project site. This survey shall be required only if any construction would occur during the
nesting and/or breeding season of protected bird species potentially nesting in the tree (generally
March 1 through August 1). If active nest( s) are found, clearing and construction within 200 feet
of the tree shall be postponed or halted until the nest(s) are vacated and juveniles have fledged
and there is no evidence of a second attempt at nesting, at the discretion of the biologist. If
construction activities are not scheduled between March 1 and August 1, no further surveys of
the tree shall be required.
4. Prior to the issuance of a building permit, the project developer shall submit a Landscape Plan,
for review and approval by the City of Gilroy Planning Division, indicating the location, size and
species of existing trees found within the project site boundaries. The plan shall indicate which
trees are planned for removal. Based on review of the Landscape Plan, the City shall determine
which trees, if any, are "significant."
If significant trees are determined to be located on the project site, these trees shall be retained, to
the greatest extent feasible. The dripline of significant trees to be retained shall be fenced prior
to grading activities to prevent root damage. If retention of all significant trees on the project site
is not feasible, a written report shall be prepared by a certified arborist including the number and
location of each significant tree to be removed, the type and approximate size of each significant
tree, the reason for removal, and specifications for replacing significant trees to be removed. The
written report shall be prepared prior to the commencement of grading activities, subject to
approval by the City of Gilroy Planning Division.
5. 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
determined to be significant, appropriate mitigation measures shall be formulated and
implemented.
6. 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 determines the
remains to be Native American the coroner shall contact the Native American
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1/21/2003
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 provided 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
in a 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.
7. The project developer shall submit a soils investigation prepared for the project by a
qualified soils engineer. The recommendation of the soils investigation shall be
incorporated into the final building plans and shall be reviewed and approved by the
Gilroy Engineering Division prior to approval of the building permit. The purposes of the
soils investigation are to determine the exact soils characteristics and limitations on the
site, and to recommend appropriate engineering specifications for development of the
site.
8. Prior to any demolition, grading, or construction activities on the project site, the
applicant shall prepare a storm water pollution prevention program under the National
Pollution Discharge Elimination System General Construction permit. The Storm Water
Pollution Prevention Program is subject to review and approval by the Central Coast
Regional Water Quality Control Board and the Gilroy Engineering Division
9. Prior to any grading or construction activities within 50 feet of the Santa Clara Valley
Water District canal, the applicant shall obtain a permit from the Santa Clara Valley
Water District.
10. Design an acoustically-effective noise barrier that meets the General Plan noise standards and
incorporate it into the final improvement plans, subject to review and approval by the City
Planning Division, prior to the approval of the final map for each phase ofthe project.
This project shall attenuate sound along Santa Teresa Boulevard by constructing an acoustically
effective barrier that complies with the City's Guidelines for Sound Attenuation and Visual
Preservation of the Santa Teresa Boulevard Corridor. Specifically, this project shall use the
following measures to attenuate noise:
. Distance from the roadway
. Landscaping
. Berm with short aesthetic solid wall
Rancho Hills/Deer Park Subdivision
Revised Negative Declaration
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1/21/2003
11. Install windows rated with a minimum Sound Transmission Class (STC) 28 at all noise-
impacted facades along Santa Teresa Boulevard. Provide some type of mechanical
ventilation. Provide some type of mechanical ventilation, as all windows of second floor
living spaces within 360 feet of the centerline of Santa Teresa Boulevard and with a direct
or side view of the roadway should remain closed at all times to maintain acceptable
interior noise.
12. Install windows rated with a minimum Sound Transmission Class (STC) 28 at the
windows of second floor and unshielded first floor living spaces within 140 feet of the
centerline of Sunrise Drive and with a direct side view of the roadway. Provide some
type of mechanical ventilation, as all windows in these spaces should remain closed at all
times to maintain acceptable interior noise.
13. The following language shall be included on any permits issued at the project site, subject to the
review and approval of the Gilroy Building Division. "All construction activities shall be
limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays
between 9:00 AM and 7:00 PM. No construction is allo'wed on Sundays."
14. The project proponent shall prepare and implement a noise attenuation, landscape and
irrigation plan to include, but not be limited to the following:
The noise attenuation feature design shall include landscaping that will not only be
aesthetically-pleasing but will also discourage graffiti. Electrical serviced and water
service shall be provided to the landscaped area.
A funding mechanism shall be provided for the maintenance of the sound attenuation
feature and landscaping.
15. The roadway improvement described below is regional in nature. It is required for this,
and other Gilroy projects to improve intersection operations to acceptable levels of
service. The project proponent shall be subject to the following:
~ The project proponent shall make a "fair share" (pro-rata based on traffic added)
contribution acceptable by the Santa Clara County Public Works Director in lieu of
installing a traffic signal at the intersection of Santa Teresa Boulevard/Fitzgerald
Avenue. The applicant's contribution toward this improvement fulfills this mitigation
requirement and relieves the applicant of further responsibility associated with the
improvement in conjunction with Tentative Map 01-03 and the associated
environmental document. The project applicant shall be responsible for retaining a
qualified traffic consultant to determine the "fair share" contribution. In the event that
the County does not accept the applicant's contribution, the applicant will pay to the
City of Gilroy the amount determined by the applicant's traffic consultant as approved
by City staff. The City will then determine the appropriate time to compensate for this
improvement.
16. The project proponent shall include the following road improvement plans with the Final Map.
The improvements, shall be constructed prior to occupancy of the last unit or as projected to meet
warrant, whichever comes first, subject to the review and approval of the City Engineer.
Rancho Hills/Deer Park Subdivision
Revised Negative Declaration
7
1/21/2003
~ Traffic signal installation at the intersection of Santa Teresa Boulevard/Sunrise Drive;
~ Pavement and lane installation on Santa Teresa Boulevard necessary to accommodate
the traffic signal movements.
17. The project developer shall construct a continuous sidewalk, with wheelchair curb ramps at all
driveways and intersections in compliance with the Americans with Disabilities Act (ADA),
along the portion of Sunrise Drive that borders the project site. Subject to the review and
approval of the Gilroy Engineering Division.
Date Prepared: October 7, 2002
End of Review Period: October 30, 2002
Date Adopted by City Council: January 21,2003
William Faus
Planning Division Manager
Rancho Hills/Deer Park Subdivision Mitigation Monitoring Checklist
Step 1. Prior to approval of the final map, the following mitigation measures shall be
addressed:
Mitigation Measure 10
Design an acoustically-effective noise barrier that meets the General Plan noise
standards and incorporate it into the final improvement plans, subject to review and
approval by the City Planning Division, prior to the approval of the fmal map for each
phase of the project.
This project shall attenuate sound along Santa Teresa Boulevard by constructing an
acoustically effective barrier that complies with the City's Guidelines for Sound
Attenuation and Visual Preservation of the Santa Teresa Boulevard Corridor.
Specifically, this project shall use the following measures to attenuate noise:
. Distance from the roadway
. Landscaping
. Berm with short aesthetic solid wall
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 14
The project proponent shall prepare and implement a noise attenuation, landscape and
irrigation plan to include, but not be limited to the following:
The noise attenuation feature design shall include landscaping that will not only
be aesthetically-pleasing but will also discourage graffiti. Electrical serviced and
water service shall be provided to the landscaped area.
A funding mechanism shall be provided for the maintenance of the sound
attenuation feature and landscaping.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning Division
Exhibit A
Mitigation Measure 16
The project proponent shall include the following road improvement plans with the
Final Map. The improvements, shall be constructed prior to occupancy of the last unit or
as projected to meet warrant, whichever comes first, subject to the review and approval
of the City Engineer.
· Traffic signal installation at the intersection of Santa Teresa Boulevard/Sumise
Drive;
· Pavement and lane installation on Santa Teresa Boulevard necessary to
accommodate the traffic signal movements.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Step 2 The following mitigation measures shall be implemented prior to issuance of a
grading permit:
Mitigation Measure 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 active 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.
The following additional measures shall be implemented at construction sites
greater than four acres in area:
Exhibit A
Rancho Hills/Deer Park Subdivision
Mitigation Monitoring Checklist
· 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 Planning and Building Division
Mitigation Measure 2
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 the 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 (February 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
ofFish 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 ofFish and
Game 1995). Compliance with this mitigation measure may include, but not be limited
to, the following:
Exhibit A
Rancho Hills/Deer Park Subdivision
Mitigation Monitoring Checklist
· Avoidance of occupied burrows during the nesting season (February 1 through
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
Mitigation Measure 5
Due to the possibility that significant buried cultural resources might be found during
construction the following language shall be included in 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 determined to be
significant, appropriate mitigation measures shall be formulated and
implemented.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 6
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 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
Exhibit A
Rancho Hills/Deer Park Subdivision
Mitigation Monitoring Checklist
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 provided 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 in a 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 Moniton'ng:
Applicant
Gilroy Planning Division
Mitigation Measure 8
Prior to any demolition, grading, or construction activities on the project site, the
applicant shall prepare a storm water pollution prevention program under the National
Pollution Discharge Elimination System General Construction permit. The storm water
pollution prevention program shall include grease traps and a sedimentation basin
adequate for filtering out heavy storm water contaminants such as silt. Additional
measures as presented in "Start at the Source, Design Guidance Manual for Storm
Water Quality Protection," prepared by the Bay Area Storm Water Management
Agencies Association may be included in the plan as needed. The storm water pollution
prevention program is subject to review and approval by the Central Coast Regional
Water Quality Control Board and the Gilroy Engineering Division.
Party Responsible for Implementation:
Party Responsible for Moniton'ng:
Applicant
Gilroy Engineering Division
Mitigation Measure 9
Prior to any grading or construction activities within 50 feet of the Santa Clara Valley
Water District canal, the applicant shall obtain a permit from the Santa Clara Valley
Water District.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Engineering Division
Exhibit A
Rancho Hills/Deer Park Subdivision
Mitigation Monitoring Checklist
Mitigation Measure 13
The following language shall be included on any permits issued at the project site,
subject to the review and approval of the Gilroy Building Division. "All construction
activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays
and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on
Sundays."
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Building Division
Step 3 The following mitigation measures shall be implemented prior to issuance of a
building permit:
Mitigation Measure 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 occurring within 200 feet of
trees located on and adjacent to the project site, a tree survey shall be conducted by a
qualified biologist to determine if active nest(s) of protected birds are present in the trees.
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. This survey shall be required
only if any construction would occur during the nesting and/ or breeding season of
protected bird species potentially nesting in the tree (generally March 1 through August
1). If active nest(s) are found, clearing and construction within 200 feet of the tree shall
be postponed or halted until the nest(s) are vacated and juveniles have fledged and there
is no evidence of a second attempt at nesting, at the discretion of the biologist. If
construction activities are not scheduled between March 1 and August 1, no further
surveys of the tree shall be required.
Party Responsible for Implementation:
Applicant
Party Responsible Jor Monitoring:
Gilroy Planning Division
Mitigation Measure 4
Prior to the issuance of a building permit, the project developer shall submit a Landscape
Plan, for review and approval by the City of Gilroy Planning Division, indicating the
location, size and species of existing trees found within the project site boundaries. The
plan shall indicate which trees are planned for removal. Based on review of the
Landscape Plan, the City shall determine which trees, if any, are "significant."
If significant trees are determined to be located on the project site, these trees shall be
retained, to the greatest extent feasible. The dripline of significant trees to be retained
shall be fenced prior to grading activities to prevent root damage. If retention of all
significant trees on the project site is not feasible, a written report shall be prepared by a
Exhibit A
Rancho Hills/Deer Park Subdivision
Mitigation Monitoring Checklist
certified arborist including the number and location of each significant tree to be
removed, the type and approximate size of each significant tree, the reason for removal,
and specifications for replacing significant trees to be removed. The written report shall
be prepared prior to the commencement of grading activities, subject to approval by the
City of Gilroy Planning Division.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 7
The project developer shall submit a soils investigation prepared for the project by a
qualified soils engineer. The recommendation of the soils investigation shall be
incorporated into the final building plans and shall be reviewed and approved by the
Gilroy Engineering Division prior to approval of the building permit. The purposes of
the soils investigation are to determine the exact soils characteristics and limitations on
the site, and to recommend appropriate engineering specifications for development of
the site.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Engineering Division
Mitigation Measure 11
Install windows rate minimum Sound Transmission Class (STC) 28 at all noise-
impacted facades along Santa Teresa Boulevard. Provide some type of mechanical
ventilation. Provide some type of mechanical ventilation, as all windows of second floor
living spaces within 360 feet of the centerline of Santa Teresa Boulevard and with a
direct or side view of the roadway should remain closed at all times to maintain
acceptable interior noise.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Building Division
Mitigation Measure 12
Install windows rated minimum Sound Transmission Class (STC) 28 at the windows of
second floor and unshielded first floor living spaces within 140 feet of the centerline of
Sunrise Drive and with a direct side view of the roadway. Provide some type of
mechanical ventilation, as all windows in these spaces should remain closed at all times
to maintain acceptable interior noise.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Building Division
Exhibit A
Rancho Hills/Deer Park Subdivision
Mitigation Monitoring Checklist
Step 4 Prior to occupancy of the homes, the following mitigation measures shall be
implemented:
Mitigation Measure 10
Construct the acoustically-effective barriers designed in the final improvement plans
during each phase of construction.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Building Division
Mitigation Measure 17
The project developer shall construct a continuous sidewalk, with wheelchair curb ramps
at all driveways and intersections in compliance with the Americans with Disabilities
Act (ADA), along the portion of Sunrise Drive that borders the project site. Subject to
the review and approval of the Gilroy Engineering Division.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Mitigation Measure 16
The project proponent shall include the following road improvement plans with the
Final Map. The improvements, shall be constructed prior to occupancy of the last unit or
as projected to meet warrant, whichever comes first, subject to the review and approval
of the City Engineer.
· Traffic signal installation at the intersection of Santa Teresa Boulevard/Sunrise
Drive;
· Pavement and lane installation on Santa Teresa Boulevard necessary to
accommodate the traffic signal movements.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Step 5 Prior to occupancy of the seventieth (70th) home, the following mitigation
measures shall be implemented:
Mitigation Measure 15
The roadway improvement described below is regional in nature. It is required for this,
and other Gilroy projects to improve intersection operations to acceptable levels of
service. The project proponent shall be subject to the following:
Exhibit A
Rancho Hills/Deer Park Subdivision
Mitigation Monitoring Checklist
· The project proponent shall make a "fair share" (pro-rata based on traffic added)
contribution acceptable by the Santa Clara County Public Works Director in lieu
of installing a traffic signal at the intersection of Santa Teresa
Boulevard/Fitzgerald Avenue. The applicant's contribution toward this
improvement fulfills this mitigation requirement and relieves the applicant of
further responsibility associated with the improvement in conjunction with
Tentative Map 01-03 and the associated environmental document. The project
applicant shall be responsible for retaining a qualified traffic consultant to
determine the "fair share" contribution. In the event that the County does not
accept the applicant's contribution, the applicant will pay to the City of Gilroy
the amount determined by the applicant's traffic consultant as approved by City
staff. The City will then determine the appropriate time to compensate for this
improvement.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Engineering Division and Santa Clara
County Public Works Department
Exhibit A
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2006-41 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
12th day of June, 2006, 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 5th day of July, 2006.
()-
~k u!~~~
City Clerk of the City of Gilroy
(Seal)