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HomeMy WebLinkAboutResolution 2003-05 RESOLUTION NO. 2003-05 A RESOLUTION OF THE CITY COUNCil.. OF THE CITY OF Gll..ROY APPROVING AND MODIFYING TM 01-03, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 76 ACRE SITEJNTO 227 SlNGLE-FAMll..Y RESIDENTIAL LOTS AND 3 REMAINDER LOTS LOCATED ON THE NORTHWEST CORNER OF SANTA TERESA BOULEVARD AND SUNRISE DRIVE, APNS 783-20-003,004,035,038,041. WHEREAS, Glen Lorna and Arcadia Development, the applicants, submitted TM 01-03, requesting a tentative map to subdivide an approximately 76 aqe site into two hundred forty- seven (247) lots and three (3) remainder lots, located on the northwest comer of Santa Teresa Boulevard and Sunrise Drive, APNs 783-20-003, 004,035,038,041; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City prepared an initial study and circulated a mitigated Negative Declaration for this project; and WHEREAS, the Planning Commission held a duly noticed public hearing on December 5, 2002, at which time the Planning Commission considered the public testimony, the Staff Report dated November 22, 2002, and all other documentation related to application TM 01-03, and recommended that the City Council adopt the Negative Declaration for this project and approve said application; and WHEREAS, the City Council held a duly noticed public hearing on December 16, 2002; WHEREAS, the City Council held a duly noticed public meeting on January 21,2003, at which time the City Council considered the public testimony, the Staff Reports dated November 22, 2002, and December 16, 2002, a proposed resolution approving the tentative map, and all other documentation related to application TM 01-03; and thereafter made certain changes to the \GB0\575647.2 021103.04706002 -1- Resolution No. 2003-05 proposed conditions of approval and the corresponding mitigation measures and mitigation monitoring checklist; and WHEREAS, the City Council determined that a modified tentative map of 227 lots, eliminating twenty (20) lots west of Street K, was necessary so that certain design issues relating to noise mitigation can be considered in conjunction with a future tentative map application; and WHEREAS, the City Council added a condition that a four-way stop shall not be placed at the intersection of Sunrise Drive and Ohlone Way; and W\HEREAS, the City Council also added a condition that the project shall implement traffic calming measures along Sunrise Drive as determined by the City Engineering Department; and WHEREAS, the City Council deleted a condition #29,which would have required that no access be provided to lots 100-105 from Sunrise Drive, the City Council agreeing instead that there will be access on Sunrise Drive for lots 100-105; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby adopts the Negative Declaration (dated Revised January 21, 2003), finding that it 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. The City Council also hereby adopts the associated Mitigation Monitoring Checklist. \GB0\575647.2 021103-04706002 -2- Resolution No. 2003-05 B. The City Council finds as follows: 1. The project is consistent with the land use designation and relevant policies of the General Plan. 2. The project IS consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 3. There are no facts to support the findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474. C. Tentative Map TM 01-03 should be and hereby is approved, subject to the thirty (30) conditions attached hereto as Exhibit A, the mitigation/monitoring checklist and the mitigation measures set forth in the Negative Declaration, attached hereto as Exhibit B, both Exhibits incorporated herein by this reference. PASSED AND ADOPTED this 21st day of January, 2003 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, MORALES, and SPRINGER NOES: COUNCILMEMBERS: GARTMAN, PINHEIRO, and VELASCO ABSENT: COUNCILMEMBERS: NONE APPROVED: /s/ THOMAS W. SPRINGER Thomas W. Springer, Mayor ArrEST: /s/ RHONDA PELLIN Rhonda Pellin, City Clerk \GB0\575647.2 021103-04706002 -3- Resolution No. 2003-05 TM 01-03 Final Conditions of Approval Plannin2: Division (contact Melissa Durkin at 846-0440) 1. MITIGATION MEASURES #1 THROUGH #18, contained within the Negative Declaration for this property 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 Ac t (CEQA). This shall be subject to the review and approval of the Planning Division. 2. Future homes developed within this subdivision shall be subject to the Planned Unit Development Architectural and Site Review application process. 3. The developer shall disclose to every future homebuyer that a trail or bike path might be constructed on the channel north of this site. 4. The developer shall place a sign at the terminus of Streets "I", "L", and "M" that discloses that these streets will bee xtended. I n a ddition, the developer shall place a statement in the sales agreements for all lots located on these streets disclosing that they will be extended. City Attorney (contact Linda Callon, 286-5800) 5. 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. 6. 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 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. Ene:ineerin2: Division (contact Kristi Abrams or Don Nunes at 846-0450) 7. 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. 8. 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. EXHIBIT A TM 01-03 Final Conditions of Approval 2 1/ 15/03 9. 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 Engineering Division. 10. 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 Engineering Division. 11. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Yalley Water District (SCYWD). 12. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed, subject to review and approval by the Engineering Division: A. A signed original composite plan by the electrical design engineer shall be a part oft he 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. 13. 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. This shall be subject to review and approval by the Engineering Division. 14. 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. This shall be subject to review and approval by the Engineering Division. 15. All lots shall drain to the street for storm drainage, subject to the review and approval of the Engineering Division. 16. The developer shall provide joint trench composite p ~ans for the unde rground 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 dr awings and/or ut ility im provement plans s hall be signed by a licensed civil engineer. This shall be subject to the approval of the Engineering Division. EXHIBIT A TM 01-03 Final Conditions of Approval 3 1/ 15/03 17. 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. Santa Clara Valley Water District conditions (contact Yvonne Arroyo at 265-2607) 18. A SCVWD pennit 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. 19. Site grading shall be do ne such that t here is no overbank drainage into the creek, subject to review and approval by the SCVWD. 20. The Santa Clara Urban Runoff Pollution Prevention Program's recommended Best Management Practices should b e inc orporated int 0 the design layout, to the extent possible, subject to the review and approval of the SCVWD. 21. The design of the site should incorporate water quality mitigation measures such as those found in "Start at the Source, Design Guidance Manuel for Stonnwater Quality Protection," subject to the review and approval of the SCVWD. 22. The developer will be required to obtain a National Pollutant Discharge Elimination System (NPDES) General Pennit 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 Rodger Maggio at 846-0430) 23. Street Hydrants shall be spaced every 300 feet. 24. On-site hydrants shall be provided within 150 feet of any portion of a 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, FDC and PlV shall be at locations approved by the Fire Marshal. FDC's shall be within 40 feet of a hydrant and hydrant to be on the same side of the fire access road as the FDe. 25. Roadways and driveways shall provide a minimum 20 feet of unobstructed travel. Turns shall provide an inside turning radius of 39 feet. No parking zones signage and curb painting shall be maintained in good condition. 26. Driveable access shall be provided within 150feet 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 around that meets the Fire Department Standard template. EXHIBIT A TM 01-03 Final Conditions of Approval 4 1/ 15/03 Vallev Transportation Authority (contact Roy Molseed at 321-5784) 27. Construct a passenger waiting pad, in compliance with VT A standards, adjacent to the bus stops at the following locations: ~ Westbound Sunrise Drive, west of Santa Teresa Boulevard (existing bus stop) ~ Westbound Sunrise Drive, opposite Ohlone Way (existing bus stop) ~ Westbound Sunrise Drive, west of"F" Street (new bus stop) ~ Westbound Sunrise Drive, west of"C" Street (relocate from opposite Kite Drive) Alternate locations might also be acceptable, if specifically approved by the City and VT A. The passenger waiting pads shall be a minimum of 8 feet wide and 55 feet long, unless the City and VT A specifically approve another configuration. Council-added Conditions 28. A four-way stop shall not be placed at the intersection of Sunrise Drive and Ohlone Way. 29. The developer shall implement traffic calming measures along Sunrise Drive as determined by the City Engineering Division. 30. This Tentative Map approval excludes the 20 lots east of Street K. EXHIBIT A Community Development Department Planning Division NEGA TIVE DECLARA TION 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 0 n a 76:1: -acre site. T he 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. Entitv or Person(s) Undertakine: Proiect: Name: Address: Glen Lorna Group (c/o John Filice) 7888 Wren Avenue, Suite 0-143, 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. EXHIBIT B Rancho Hills/Deer Park Subdivision Revised Negative Declaration 2 1/21/2003 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: I. 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: I. The following dust control measures shall be incorporated into all permits for any phase 0 f 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: EXHIBIT B Rancho Hills/Deer Park Subdivision Revised Negative Declaration 3 1/21/2003 ~ 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: ~ A voidance 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. EXHIBIT B Rancho Hills/Deer Park Subdivision Revised Negative Declaration 4 1121/2003 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, at ree survey shall bee onducted by a qua lified 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. 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 drip line 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 muse of death is required. If the coroner determines the remains to be Native Amerimn the coroner shall contact the Nahue American EXHIBIT B Rancho Hills/Deer Park Subdivision Revised Negative Declaration 5 1/21/2003 Heritage Commission within 24 hours. The Nati7'e American Heritage Commission shall identiftj tlze person or persons it believes to be tlze most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or tlze person responsible for the excavation work, for tlzeans 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 lzis autlzorized representati7'e shall rebunj tlze Native American lzuman remains and associated gml'e goods witlz appropriate dignihj on tlze property in a location not subject to furtlzer disturbance if a) tlze Native American Heritage Commission is unable to identiftj a most likely descendent or tlze most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) tlze descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects tlze recommendation of tlze descendent, and tlze mediation by tlze Native American Heritage Commission fails to provide measures acceptable to tlze landowner. 7. The project de veloper shall submit a s oils investigation prepared for the project by a qualified soils engineer. The recommendation of the soils investigation shall be incorporated int 0 the final building plans a nd shall be reviewed and approved by the Gilroy Engineering Division prior to approval of the building permit. The purposes ofthe soils investigation are to determine the exact soils characteristics and limitations on the site, and tor ecommend a ppropriate 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 tor eview a nd 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, t he applicant shall 0 btain a permit from the Santa C lara Va lley 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 of the project. T his 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 0 f 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 EXHIBIT B Rancho Hills/Deer Park Subdivision Revised Negative Declaration 6 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 ofthe 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." 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. EXHIBIT B 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 EXHIBIT B 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 final 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 B 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 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 B 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: 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 ofFish 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 B Rancho Hills/Deer Park Subdivision Mitigation Monitoring Checklist . A voidance 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 Jor 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 Jor 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 B 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 Monitoring: 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 Monitoring: 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 B . 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 I through August 1). If active nest(s) are found, clearing and construction within 200 feet ofthe 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: Party Responsible for Monitoring: Applicant 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, ifany, 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 B 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: Mitigation Measure 7 Applicant Gilroy Planning Division 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 Moniton'ng: Applicant Gilroy Engineen.ng 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 ofthe 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 B 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 Moniton.ng: 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 (7ath) 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 8 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 B I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2003-05 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21st day ofJanuary, 2003, 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 3rd day of April, 2003. (Seal)