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HomeMy WebLinkAboutResolution 1997-34 . . RESOLUTION NO. 97-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 97-03, A TENTATIVE MAP WITH RESIDENTIAL LOTS ON APPROXIMATELY 22.87 ACRES LOCATED EAST OF RANCHO HILLS DRIVE AND SOUTH OF LONGMEADOW DRIVE, APN 783-53-012 WHEREAS, The Glen Lorna Group ("Applicant") submitted TM 97-03, requesting Tentative Map approval in order to subdivide a 22.87 acre parcel into 103 residential lots zoned R1-PUD (Single Family Residential Planned Unit Development); and WHEREAS, the property affected by TM 97-03 is located at Briarberry Lane, Loganberry Drive and Calle Del Rey, east of Rancho Hills Drive and south of Longmeadow Drive as described on the location map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") a mitigated Negative Declaration was adopted that included this project for tentative map application TM 94-04, with 30 mitigation measures, as set forth on Exhibit B attached hereto and incorporated herein by this reference; and WHEREAS, the Planning Commission held a duly noticed public hearing on June 5, 1997, at which it considered all testimony regarding the proposed map and recommended approval of this project, with certain conditions, to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on June 16, 1997, at which public hearing the City Council considered the public testimony and other documentation regarding the project, including Staff Reports dated May 29, 1997 and June 11, 1997; and WHEREAS, the location and custodian of the documents or other material which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. \KBA\344478,01 72-062404706002 -1- RESOLUTION 97-34 . . NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council finds as follows: 1. The project is consistent with the Gilroy General Plan because it conforms to the land use designation for the property on the General Plan map, and it is consistent with the intent of the text, goals and policies of the General Plan documents; 2. None of the reasons for denial of this subdivision pursuant to Government Code section 66474 exist in this case; and 3. There is no substantial evidence that the project as mitigated may have a significant effect on the environment. B. TM 97-03 should be and hereby is approved, subject to mitigation measures and the 16 conditions set forth in Exhibit C, attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 23rd day of June, 1997 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALDEZ APPROVED: ATTEST: ~, PELLIN, Interim City Clerk \KBA\344478,01 72-D62404706002 -2- RESOLUTION 97-34 1 '--....... .......... --: ',', .. '" ~...... '~,!/ ~ ~ . - !;- irl:: ~' i({ /~ ~I J2 " \~ " '" . . . u o . ~ 11 Of'fUr. \. Scale: 1" = 3,000' -"'''::;; i-:.i'rr 'ti/I .', /. ! ="::i , ~':ili ill, ill ill I! I I- I) Illl.l~' ;j ,ji{ ....:. III :1' bill I! ~\~ F:;:1l1 ~!I ';;;;~'It ;\, _~(Ti;i -; ~;;;;"j :il \ ;'1 i:." ,::~ ~ \ ;:~/ .. '"'M\OOo '''I "1'"',,;j:t;:::.: :aa:~,,1::; 2t1,~I:;, ;;;,,, 'II :~....... Jl il ~.j!,:. -- I ,.. ;11:: ""~~::~~':I ~-- F'~'" ,; Jr;:'~t' :;i~ ..,,- ,..!~~...~... f~": , ';. .., ""~...l~-: ~.....:' ";::-,.r..~ ~ I --., -.. I ---= I I I ,1",. ')- j-- -I . ',,'....\,,~,' I . 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I~{: ~::~~i !!y'!:"-=' ~ .'''''' f ............. /~ Ie , I .1 -~ t --~-" .:,~......... ,,:,~f.'~~Lji _1'I.J~:"\-1~ . :::t\~{ , ------G L j - ..;..;1!U~~"i:wi '" .... ./ '".~..:' 101 11 ~t I ;; II 5 . - :, I :: i1t""'. ,,,... Il, .1 :::1 ....I'""'f..... I ",..,..1 .:, ,=' ..... ISrtl,. '. LOCA TI'ON MAP FOR TM 97-03 EXHIBIT "A" IF 'rI- II ! .! ,! Jr ~;til ~iill ~'i'14 :i \. ~: I"; . . Planning Department NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 City File Number: TM 94-04 Project Descriotion: Name of Project: Nature of Project: Hillcrest Phase IV Tentative Map Request to subdivide five parcels totalling 69,8 acres into 252 lots, and perform design review of the homes resulting from this subdivision. Project Location: Location: West of Calle Del Rey, east of Rancho Hills Drive, south of Long meadow Drive, Assessor's Parcel Numbers: 783-21-14,29,35,36 and 783-41-60 Entitv or Person(s) Undertakim~ Project: Name: Address: Kaufman and Broad South Bay 1604 North Main Street, Salinas, CA 93906 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. Findim~s & 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. EXHIBIT "B" . . Revised Negative DeclarationlTM 94-04 Page.2 10/24/94 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, The Initial Study was independently reviewed by City staff, and this Negative Declaration reflects the independent judgement of the City of Gilroy. Miti2ation Measures: 1. The proj ect shall be designed in accordance with earthquake design regulations of the Uniform Building Code, subject to the review and approval of the City Building Department, 2. The developer shall incorporate the recommendations provided in the detailed design level geotechnical investigation prepared by Harza Consulting Engineers and Scientist for the project site, to ensure that structural foundations and subsurface improvements are appropriately designed to withstand the expansive nature of the on-site soils and to ensure that grading and excavation plans are properly engineered. Recommendations of the geotechnical investigation shall be incorporated into future improvement plans for the project site, subject to the review and approval of the City Building Department, prior to approval of the final subdivision map. 3. The design and construction of all storm drainage improvements serving the project site shall be provided by the developer, subject to review and approval by the City Department of Public Works. These design plans shall include, but not be limited to: a. Applicable storm water source and treatment-based best management practices, applied and maintained, as recommended in the California Storm Water Best Management Practicellandbook b, Provisions for periodic sweeping for roadways, driveways, and parking areas on the project site, , c, A design to reflect the City's Storm water Master Plan. d. Paved areas that are designed to minimize drainage that is channeled to one location. Pathway paving shall be kept to a minimum and shall be porous in nature wherever feasible. 4, Developers shall pay the appropriate storm drain development fees, subject to review by the City Department of Public Works, prior to building permit issuance. . . Revised Negative Declaration/TM 94-04 Page 3 10/24/94 5. The developer shall apply for and obtain a General Permit/or Storm Water Discharges Associated with Construction Activity by submitting a completed Notice oflntent (NOI) form and payment of$500 to the State Water Resources Control Board prior to the issuance of a building permit. Further, the developer shall be required to comply with the terms of this permit during and after construction of the project. These terms include, but are not limited to, the following: a. The use of water quality controls (i.e., Best Management Practices) both during and after construction, for example: * Designing each project area to focus on minimizing directly connected impervious surfaces, to provide for slowing of storm water flows and increasing recharge potential; * Stabilizing denuded areas prior to the wet season (October 1 through May 1); * Limiting construction access routes and stabilizing access points; * Protecting adjacent properties with sediment barriers, dikes or mulching; * Stabilizing and preventing erosion from temporary conveyance channels and outlets; * Using proper construction material and construction waste storage, handling, and disposal practices; * Protecting outdoor storage materials from drainage with berms and roof covers; * Using appropriate landscape controls (irrigation and application of fertilizers, herbicides and pesticides); and * Installing structural storm water treatment controls such as wet ponds, swales, vegetated filter strips, extended detention basins and sand filters. b, Performance of routine visual monitoring of these controls; and c. Submittal of an annual report, documenting all surface water drainage information to the State Water Resources Control Board, . . Revised Negative DeclarationlTM 94-04 Page 4 10/24/94 6, All six oak trees on this site shall be preserved by a) transplanting them to the adjacent City park site, b) transplanting them to another park site, c) transplanting them to other residential lots within this development, or d) transplanting them to the Park Commons property. The developer shall prepare a landscaping plan that incorporates the recommendations provided in the arborist's report (attached as Appendix B) to protect and preserve the existing trees during and after construction of the proposed project. The landscaping plan should include all of the following recommendations: Removal * All transplants and/or planting of existing trees on the project site shall be conducted by an experienced specialist in moving trees of similar characteristics within similar ecotones; * The oaks should be removed from the soil in the fall, sometime in October or November, because during this time of year, Oaks are deciduous and dormant, which increases the probability of a successful transplant; * The roots must be hand dug to ensure great care be taken and no roots are severed, Typically, this species of Oak sends down large tap roots which must be carefully removed from the soil; * The root ball must be boxed or ball and burlaped; * The surrounding soil should be watered extensively prior to the removal of each oak tree so that the roots are loosened for easier removal; * An anti-transpirant or anti-dessicant should be applied at a rate of2: 1 instead of the usual 10: 1 ratio in order to prevent moisture loss during moving; and * A crane should be used to lift the oak trees onto a flat bed truck. Transplant/Planting * Spacing of the trees should be planned by the architect drafting the plans for the park site. A minimum of 20 to 25 feet should be allowed between the trees when planted at the park; * The trees should be set 2-3 inches above the surface of the ground at the planting site; . . Revised Negative DeclarationlTM 94-04 Page 5 10/24/94 * No air pockets may be left as the soil is being replaced. Only native soil should be used ; no planting mix or fertilizers; * An area the size of the drip line should be established beneath the tree where a two-inch layer of mulch can be placed to prevent compaction of roots; * No stakes should be required as Quercus lobata have a large root ball with long tap roots. The developer shall also be required to obtain the signature of the consulting arborist on the final landscaping plans certifying that the plan is consistent with the recommendations made in the arborist's report. Finally, the development of the project site shall conform to the City of Gilroy's Consolidated Landscaping Policy, subject to the review and approval of the City Planning Department, prior to the issuance of a Building Permit. 7. Tree removal and grading activities shall begin during the non-breeding season (August 1 through March 15) for the loggerhead shrike. Scheduling construction activities in this manner is intended to discourage use of the project site for nesting, and is less likely to result in incidental mortalities, This scheduling criterion shall be included on the final improvement plans prior to issuance of a building permit. 8, The developer shall pay the appropriate Traffic Impact Fee, subject to the approval of the City Engineer, prior to the issuance of a building permit. 9, Signalize the Santa Teresa Boulevard/Longmeadow Drive intersection, This is eligible for Traffic Impact Fee reimbursement. This must be installed as part of the third phase of the project (Lots 86-112), and is subject to the approval by the City Department of Public Works, prior to the issuance of a building permit. 10, Widen Santa Teresa Boulevard to a four-lane expressway from north ofMantelli Drive to north of Long meadow Drive. This must be installed as part of the third phase of the project (lots 86 through 112), and is subject to the approval of the City Department of Public Works, prior to the issuance of a building permit. 11, Install a westbound L-ongmeadow Drive left-turn lane at Calle del Rey. This must be installed as part of the third phase of the project (lots 86 through 112), and is subject to the approval of the City Department of Public Works, prior to issuance of a building permit. 12, Install a four-way stop control at the Mantelli Drive/Calle del Rey intersection when Calle del Rey is extended to Mantelli drive. This is subject to the approval of the City Department of Public Works, prior to issuance of a building permit. . . Revised Negative DeclarationlTM 94-04 Page 6 10/24/94 13, The developer should coordinate with the Gilroy Unified School District to develop a "Suggested Route to School" plan for the Luigi Aprea Fundamental School, subject to the approval of the City Department of Public Works, prior to issuance of a building permit. Appropriate signing and pavement markings should be incorporated into the subdivision design. 14, The design of all street improvements serving the project site shall be provided by the developer, subject to the approval of the City Department of Public Works and the Gilroy Unified School District. 15. The developer shall be responsible for submitting a dust control policy subject to the review and approval of the city Building Department, consistent with the existing City of Gilroy policies and codes, prior to the issuance of a building permit. 16. Noise-generating construction activities shall be restricted to 7:00 a,m. through 10:00 p.m, Construction equipment shall be properly muffled and maintained. The contractor work specifications for all construction activities shall reflect these measures, subject to the review and approval of the City Building Department, prior to the issuance of a building permit. 17. The developer shall submit a detailed plan for all exterior lighting as a part of the building permit review process. The lighting plan shall incorporate design elements that will minimize the potential for light and glare impacts on adjacent residential properties. The lighting plan shall be subject to the review and approval of the city Planning Department. 18, The developer shall provide required impact fees to the Gilroy Unified School District. 19. Prior to development of the site, the developer shall pay required City of Gilroy Public Safety impact fees, 20. Development shall meet all water supply and water pressure standards as contained in the Uniform Building Code. This plans shall be reviewed and approved by the city Fire Department, prior to the issuance of a building permit. 21. The development of the site shall conform to the Uniform Fire Code, subject to the review and approval of the City Fire Department. 22, Development plans shall include the installation of on-site fire hydrants. Improvement plans shall be subject to the review and approval of the City Departments of Public Works, Fire and Building, 23, The developer shall pay the appropriate water development fees, subject to review by the city Department of Public Works, prior to the issuance of a building permit. . . Revised Negative Declaration/TM 94-04 Page 7 10/24/94 24, The developer shall provide the design of all water line improvements serving the project site, subject to the review and approval of the City Engineer, prior to the issuance of a building permit. 25. Developers shall pay the appropriate sewer development fees, subject to review by the City Department of Public Works, prior to the issuance of a building permit. 26, Prior to the development of the site, the developer must obtain sufficient sewer allocation to serve the proposed project, and will be required to pay the City sanitary sewer connection fees. 27. The design of all sewer line improvements serving the project site shall be provided by the developer, subject to the review and approval of the city Department of Public Works. 28. Prior to the development of the proposed project site, the developer shall pay required City of Gilroy Parks and Recreation impact fees. 29, During construction of residential lots 60 - 73, a qualified professional archeological monitor shall be present whenever earth-moving activities take place. The qualified professional archeological monitor shall prepare written reports to the City of Gilroy Planning Department on a weekly basis, Alternativelv. the applicant may choose to have a Qualified archaeoloeical firm perform backhoe trenchine and a detailed surface inspection of this area prior to earth movine activities. A detailed report of the findings shall be submitted to the Planning Department once the study is complete. If archeological resources are uncovered during earth moving activities, all work shall be halted, At that time, and prior to any further construction activities within the archaeologically sensitive area, archeological testing will be necessary to determine the nature, extent and significance of the site, Testing shall include detailed surface collection and recording, mechanical (back hoe) trenches to determine the depth and subsurface extent of the site, and hand excavated units to determine the nature and composition of the site. The qualified professional archeological monitor shall be hired by the City of Gilroy Planning Department, and funded by the developer, prior to the issuance of a building permit. 30, Due to the possibility that significant buried cultural resources might be found during construction, language shall be printed on construction drawings for all phases to protect these resources, pursuant to the review and approval of the City Planning Department. Such language might read as follows: "If archeological resources or human remains are discovered during construction, work shall be halted within 50 meters (150 feet) of the find until it can be evaluated by a qualified . . Revised Negative DeclarationlTM 94-04 Page 8 10/24/94 professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." Date Prepared: September 19, 1994 End of Review Period: October 14, 1994 Date Approved By City Council: November 21, 1994 ~/ f}~ Michael Dorn, Director of Planning . . COllllllunity Developlllent Departlllent Planning Division June 17, 1997 TO: City Administrator FROM: Melissa Durkin, Planner II SUBJECT: Conditions of Approval for The Glen Lorna Group Tentative Map Application The City Council approved the following conditions of approval for the Glen Lorna Tentative Map application (TM 97-03) at their June 16 meeting. Condition number 16 has been reviewed and approved by the Gilroy Unified School District: 1. Mitigation Measures 1 through 30 contained within the Negative Declaration for Tentative Map application TM 94-04 shall be applied to the approval of the project 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), subject to the review and approval of the Planning Division. 2. Hydrant locations and water main sizing shall be subject to approval by the Building, Life and Environmental Safety Division, prior to the issuance of any building permits. 3. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be subject to the review and approval of the Engineering Division. 4. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120, subject to the review and approval of the Engineering Division. 5. All improvements are to be done per City of Gilroy Standards, subject to the approval of the City Engineer. 6. All retaining walls must be constructed of permanent materials such as concrete or masonry. Wood shall not be permitted. This shall be subject to review and approval be the Engineering Division. 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 grades of all adjacent properties, and shall be subject to the approval of the Engineering Division. 8. All lots shall drain to the street for storm drainage, and will be surveyed and certified by the developer's engineer and inspected by staff to assure that there is positive drainage, and that the drainage from the existing tracts will be accommodated, subject to the review and approval of the Engineering Division. 9. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities, subject to review and approval by the Engineering Division and the utility companies. EXHIBIT "e" TM 97 -03 Conditions . 2 . . . 6/1 7/97 10. 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, or 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. 11. The developer shall include language in the sales agreements for future homes at this site that discloses that Rancho Hills Drive, Calle del Rey, Longmeadow Drive and Rancho Hills Drive have been designated as potential transit corridors where future bus lines may operate, and on which bus stops will be established. This language shall be subject to the review and approval of the Planning Division. 12. Unless this project is exempt 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 if the 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. 13. The remainder lot (Lot 104) shall not be used for storage during construction of this site, subject to the review and approval of the Planning Division. 14. All construction related activity shall be limited from 7 a.m. to 6 p.m., subject to monitoring by the Police Department, Engineering Division and Planning Division. 15. A barricade shall be placed at the current terminus of Twinberry Lane, and shall remain in place until lots 13 through 28 are issued a Certificate of Occupancy. A sign that states "No Construction Traffic" shall be placed on Swallow Lane, at the intersection of Loganberry Drive and Swallow Lane, subject to the review and approval of the Engineering Division. 16. The developer shall place a statement in every sales agreement for homes in this subdivision that states the following: "The Gilroy Unified School District currently has a policy in place that utilizes "Magnet Schools" throughout Gilroy. There is no guarantee that children will be able to attend schools in the immediate vicinity of their home." Respectfully, }J - )\ - ' l--QJ~~ ~ Melissa Durkin Planner II \A.f'J'v ~vv, . . I, RHONDA PELLIN, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 97-34 is an original resolution, duly adopted by the Council ofthe City of Gilroy at a regular meeting of said Council held on the 23 rd day of June, 1997, 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 30th day of June, 1997. ~~ Interim City Clerk of the City of Gilroy (Seal)