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Resolution 2011-23 RESOLUTION NO. 2011-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY GRANTING THE APPEAL OF THE PLANNING COMMISSION'S DENIAL OF, AND APPROVING, TM 07-11, A TENTATIYE MAP TO CREATE 213 RESIDENTIAL LOTS, SEYEN (7) OPEN SPACE LOTS, AND ONE (1) REMAINDER LOT FOR A PROPERTY ZONED ND (NEIGHBORHOOD DISTRICT) ON APPROXIMATELY 25.6 ACRES LOCATED ON THE SOUTHWEST CORNER OF LUCHESSA A YENUE AND MONTEREY ROAD, APNS 808-21-018, -032 AND -033 WHEREAS, Luchessa Road, LLC c/o Michael McDermott ("Applicant") submitted application TM 07-11 requesting a tentative map to create 213 residential lots, seven (7) open space lots, and one (1) remainder lot for a property zoned ND (neighborhood district) on approximately 25.6 acres located on the southwest corner of Luchessa Avenue and Monterey Road, APNs 808-21-018, -032 and -033 (the "Project"); and WHEREAS, the Planning Commission held a duly noticed public hearing on March 3, 2011, at which time the Planning Commission considered the public testimony, the staff report dated March 3,2011 ("Staff Report"), and all other documentation related to application TM 07- 11, and denied said application; and WHEREAS, the Applicant timely filed an appeal to the City Council of the Planning Commission's March 3, 2011 denial ofTM 07-11; and WHEREAS, the City Council held a duly noticed public hearing on April 4, 2011 and considered the public testimony, the Staff Report, the Planning Commission's denial of TM 07- 11, and all other documentation related to application TM 07-11, and directed City Staff to prepare a resolution of approval for the Project; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council in January 2006 adopted the Final Subsequent Environmental Impact Report ("FSEIR") \MDOLlNGER\844908.3 040711-04706089 - 1- Resolution No. 2011-23 prepared for the Urban Service Area Amendment (USA 04-02) to facilitate the Project, finding that the FSEIR was prepared in compliance with CEQA, and that it reflected the independent judgment of the City, and thereafter, adopted the mitigation measures and mitigation monitoring program contained in the FSEIR, and adopted a statement of overriding considerations for the unavoidable significant impacts of the Project by Resolution No. 2006-03; 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: SECTION I The City Council hereby finds as follows: 1. Public utilities and infrastructure improvements needed to serve the Project are in close proximity to the Project site. 2. The proposed Project is consistent with the City's General Plan and the land use designation for the property on the General Plan map, which is Neighborhood District. 3. The proposed Project is consistent with the City's Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 4. There is no substantial evidence in the entire record that the Project as mitigated will have any significant effects on the environment. 5. There are no facts to support the findings requmng denial of the proposed tentative map under California Government Code section 66474. SECTION II Tentative Map TM 07-11 should be and hereby is approved, subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM 07-11 Final Conditions of Approval," and subject to the mitigation monitoring program and the mitigation measures \MDOLlNGER\844908.3 040711-04706089 - 2- Resolution No. 2011-23 adopted in conjunction with the FSEIR, which are attached hereto as Exhibit "B" and incorporated herein by this reference. SECTION III This Resolution shall take effect only if Resolution 2011-21 takes effect, which amends A/S-PUD 06-31 (a Master Plan pursuant to the Neighborhood District), which was adopted by Resolution No. 2009-01. If said resolution does not take effect, then this Resolution shall be null and void without further action by the City Council, and application TM 07-11 shall be deemed denied. PASSED AND ADOPTED this 18th day of April 2011 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEORE- M1JNOZ, TUCKER, WOODWARD PINHEIRO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: \MDOLlNGER\844908.3 040711-04706089 - 3- Resolution No. 2011-23 TM 07-11 Final Conditions of Approval Planning Division (contact Melissa Durkin at 846-0440, Melissa.Durkin@ci.gilroy.ca.us) 1. Approval of TM 10-04 is subject to the applicant receiving approval of A1S 10-22, approval of the applicant's revised buildout schedule, and City Council reinstatement of 38 units awarded via RD 06-02 and 35 units awarded via AHE 07 -01. Said units must be reinstated prior to approval of the Final Map. 2. The developer shall submit a copy of the Conditions, Covenants and Restrictions to the Planning Division for approval prior to submittal of the Final Map. 3. The developer shall comply with all master plan conditions of approval. 4. The developer shall place a conditional certificate of compliance on the lots within 100-feet of the Suburban Propane property line. This conditional certificate of compliance shall prohibit construction on these lots until the propane use has ceased operation. 5. Plans for the soundwall design on both the north and south side of Luchessa Avenue shall be approved by the Planning Division and Public Works Department prior to approval of improvement plans. 6. If the developer is unable to obtain approval of the proposed park amenities, the developer shall submit a revised park amenity plan that provides playground equipment in other open space areas within this subdivision. The revised plan is subject to approval by the Director of Planning and Environmental Services and the City Engineer prior to Final Map approval. 7. The CC&Rs shall contain provisions requiring compliance with parking restrictions identified in the disclosure statement. The developer shall submit a copy of the CC&Rs to the Planning Division for review and approval prior to approval of the Final Map. City Attorney (contact Linda Callon at 286-5800, linda.callon@berliner.com) 8. 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 City's Residential Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as the ROO, 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 ROO. The project must also comply with any condition of exemption granted from the RDO, including but not limited to time limits in obtaining City approvals and completion of construction of the dwelling units. 9. 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 of 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 EXHIBIT A TM 07-11 Final Conditions of Approval 2 April 18, 2011 the defense. This condition is imposed pursuant to California Government Code Section 66474.9. Engineering Division (contact Daniel Hughes or Sandra Meditch at 846-0451, daniel.hughes@ci.gilroy.ca.us; sandra. meditch@ci.gilroy.ca.us) 10. Existing approved project documentation including the Oak Creek Master Plan, the Planned Unit Development Oak Creek PUD 06-31and mitigation measures shall still apply. 11. Project shall provide two (2) connection points to the existing creek pathway. Pathway material is to be concrete or as approved by the City Engineer. 12. Emergency Vehicle Access easements are to be provided across/over drive aisles. 13. As part of the first submittal for Final Map, the developer shall submit vector based electronic files readable by AutoCAD and in PDF format. Additionally, after the Final Map and Improvement Plans have been found to be technically correct and in substantial conformance with the Tentative Map, the developer shall again submit vector based electronic files readable by AutoCAD and in PDF format. 14.ln 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. 15.AII purchasers of property included in the project area shall be disclosed that their streets may flood and that the City of Gilroy will not sand bag or berm their streets to prevent street flooding as they are private streets. 16.A temporary sidewalk is to be provided (as part of the project improvement plans) and installed connecting the Luchessa Road frontage sidewalk to the Luchessa Road/Monterey Street intersection. Temporary sidewalk layout and design is to be reviewed and approved as part of the project Improvement Plans by the City Engineer. 17. Prior to the issuance of a grading permit for the project site, or when the City determines that noise exposure at this location exceeds City Standards and no later than the 150th building occupancy permit, developer is to install new sound wall on the north side of Luchessa. The new sound wall is to either replace the existing sound wall or be placed immediately adjacent to existing sound wall. All sidewalks along the length of the new sound wall are to be replaced with new sidewalks. Sidewalk replacement limits are to be at the direction of the Public Works Department. Sound wall design and layout is to be part of the Project improvement plans and is to be reviewed and approved by the Public Works Department prior to Final Map approval. 18. Remove existing Sports Park fence and lighting between the development and the Sports Park and construct in the same location a new tubular steel fence including pilasters with lights mounted on top. 19. Prior to the last building occupancy permit of Phase 2 (15Oth unit), developer shall complete the installation of the following traffic signals and associated EXHIBIT A TM 07-11 Final Conditions of Approval 3 April 18, 2011 roadway improvements, striping, and relocation of utilities: a. Monterey Street and Luchessa Avenue intersection. b. Luchessa Avenue and Princevalle Street intersection. c. Luchessa Avenue and Thomas Road intersection. 20. Prior to the issuance of the first occupancy permit, the intersection of Monterey Street and Tenth Street traffic signal shall be modified to a full eight-phase operation including off associated roadway, striping and ADA improvements. 21. Prior to the last ten (10) building occupancy permits, the developer shall construct Monterey Street and Tenth Street intersection improvements, including construction of one left turn lane, two through lanes, and one dedicated right turn lane for northbound Monterey. 22. Prior to issuance of Building Permit, infrastructure shall be in place, inspected and approved to serve said Building Permit Lots. 23. Luchessa Road frontage/underground improvements are to be designed and constructed as necessary to include all those improvements outlined in the Project Master Plan, the Project Mitigation Measures, prior Project Conditions of Approvals and as approved by the City Engineer. Underground Improvements are to include irrigation, storm drain, water, sanitary sewer, streetlights, traffic signal conduit, gas, electrical communications and necessary transitions. Surface improvements shall include (but not be limited to) curb/gutter (and/or drainage swale), planter strip, sidewalk and roadway paving. Roadway paving widths along Luchessa shall be (at a minimum) a. From Monterey to Hyde Park - 64' width of pavement b. From Hyde Park to 100' west - 64' width of pavement c. From 100' west of Hyde Park - 320' transition (lane drop) of 64' to 52' of pavement d. From 420' west of Hyde Park (end of transition) to Church - 52' width of pavement e. From Church to 100' west - 52' width of pavement f. From 100' west of Church - 320' transition (lane drop) to conform to existing pavement (roughly 42' of pavement) Fire Department (contact Jackie Bretschneider at 846-0430, Jacqueline.Bretschneider@ci.gilroy.ca.us) TM Conditions shall be included on off-site improvement plans as "Fire Department Notes. II 24. Identify all roadways as EVA easements on the final map. 25. Fire Hydrants shall be able to flow 1,500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 feet, and within 150 feet of any building. Off-site improvement plans shall provide Fire Hydrants per the City Standard, including curb protection, red striping and blue identification dot. Private water systems shall have the fire hydrant water supply separate from the domestic water supply. Private hydrant systems shall be installed per NFPA 24 under plan review and permit from the Fire Department. EXHIBIT A TM 07-11 Final Conditions of Approval 4 April 18, 2011 26.AII homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. Off site improvement plan shall provide all homes shall be provided with 1.5 inch water taps & laterals and 1 inch meters sized to allow for a residential NFPA 13d fire sprinkler system. 27. Where parking is restricted, it shall be posted with signs stating, "No Parking-Fire Lane" and curbs shall be painted red. Include details for this requirement in the Off-Site improvement plans. 28. For private streets, the Final Map shall include a paragraph that reads: "Red curbing and signage shall be maintained by the Homeowners' Association. A parking enforcement plan shall be implemented by the Homeowners' Association. " City Council-Added Conditions 29. The developer shall comply with all requirements of the City's "Agricultural Mitigation Policy," (except as modified by the Agreement), including payment of all agricultural mitigation fees, prior to the first Final Map approval, and shall comply with the terms as set forth in the Agreement ("Agreement") between the City and the Developers, entitled" Agreement for Deferred Agricultural Mitigation By And Between the City of Gilroy and Luchessa Road, LLC" effective January 23, 2006 and recorded in the official record of the County of Santa Clara on February 9, 2006, as amended by the "First Amendment to Agreement for Deferred Agricultural Mitigation and Assignment" effective November 21,2006 and recorded in the official record of the County of Santa Clara on December 4, 2006. In particular, the Developers shall pay the required fees based on LAFCo's conditional approval of the City's USA boundary to include this property, which required that the mitigation must be provided for all of the 25.69 acres of land without any further exemption and the the in-lieu fees must include the costs of easement program administration, outreach to landowners and monitoring of established easements as required by Gilroy's Agricultural Mitigation Policy. Developer has deposited $128,450.00 (calculated at $5,000 per acre) with the City, representing a preliminary estimate of the agricultural mitigation fees for this project. Upon completion of the appraisal of the fair market value of the agricultural mitigation land, the City will calculate the mitigation fee and provide to developer its written determination thereof. Developer shall pay the agricultural mitigation fee, less the agricultural deposit and any other unused and unencumbered deposits made in conjunction with establishing the appraised value. EXHIBIT A TM 07-11 Final Conditions of Approval 5 April 18, 2011 Attachment A-1 Engineering Standard Conditions of Approval 1. Site plan shall be prepared by a California-registered Civil Engineer and shall include license number and stamped (seal) when civil work is required. 2. Grading, erosion control and drainage plans are required and shall be subject to the review and approval of the Public Works Department prior to Final Map and/or Improvement plan approval. 3. 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. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections 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. Street section/design is to be per City Standards (note that private streets are standards STR-3A through STR-4B). Any variances from City Specifications and/or standards are to be approved by the City Engineer. 4. Site preparation and fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all site preparation and fill construction meets the requirements of the geotechnical investigation. This shall be subject to review and approval by the Public Works Department. 5. Post development run-off must be the same as pre-development run-off. Analysis identifying post/pre-development run-off rates shall be provided. 6. All storm drain run-off must be pre-treated prior to entrance into public storm drain system. Pre-treatment measures must be reviewed and approved by the Public Works Department prior to Final Map and/or Improvement Plan approval. 7. Add following note to improvement (civil) plan title sheet above City Engineer's signature block: GENERAL APPROVAL NOTE Approval of these plans does not release the developer from correction of mistakes, errors, or omissions contained therein. If, during the course of construction, the public interest requires a modification or a departure from the City specification or the approved plans, the City shall have the authority to require such modifications or departure and specify the manner in which the same is to be made. 8. Damaged curb, gutter, sidewalk, and driveway approaches to remain along project frontage/limits shall be replaced to meet current City Standards, as applicable, and conform to adjacent properties. 9. Any work in the public right-of-way shall require a signing and striping plan and a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. Signage and striping plans shall be overlaid on an existing, current aerial. Where proposed improvements are an extension of an existing street and/or "conform" to existing, adjacent improvements, signing and striping plans shall encompass the minimum areas indicated in the City's current policy. Traffic Control Plan shall be prepared in EXHIBIT A TM 07-11 Final Conditions of Approval 6 April 18, 2011 accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. 10. Lot size and easements are to correspond with the tract map and shall be shown on the improvement plans. 11. 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. 12. New and existing utility lines, appurtenances, and associated equipment, including but not limited to electrical transmission, street lighting, and cable television shall be required to be placed underground, refer to Section 21, Article V of the Municipal Code. 13.A SWPPP and an Erosion Control Plan is required for all development over 1 acre and shall be filed with the City. WDID# shall be provided prior to Improvement Plan / Final Map approval. 14. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet). 15. Certification of grades and compaction necessary to serve each phase of development is required prior to building permit final. This statement shall be added as a general note to the Grading and Drainage Plan. 16.AII temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 17 .If the 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. 18. The developer shall submit an estimate of the probable cost of developer-installed improvements with the Final map submittal. The developer shall also submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 19. Improvement plans are required for all improvements. 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. The developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Public Works Department and the utility companies. c. 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. d. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. e. The City will collect the plan check and inspection fee for the utility underground work. 20. The following design criteria shall apply to development's interior/private streets only: P.U.E. shall extend from the face of curb (from face-of-curb along normal curb line, not bulb out condition) to 5' behind back of walk when justified with a dry utility design plan. Additional P.U.E (to 10' behind back of walk) may be necessary for facilities that require EXHIBIT A TM 07-11 Final Conditions of Approval 7 April 18, 2011 placement behind back of walk. 21.A current Title Report shall be submitted for review to the City prior to Final map approval. 22. 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. 23. All lots shall drain to the street for storm drainage unless otherwise approved by the City Engineer. 24. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 25. 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. 26. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 27. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 28. The developer/contractor shall make accessible any or all City utilities as directed by the City Engineer. 29. Applicant shall be required to obtain a City of Gilroy encroachment permit for all work (i.e. sidewalk, curb, gutter, driveway, roadway, alley, etc.) in City right of way. 30. No utility boxes are allowed to be constructed in the sidewalk without prior written approved by the City Engineer. 31. Master water meter shall be provided prior to connection to main in street and before DDCV if water system is to be private and/or as approved by the City Engineer. 32. Street lights on private streets shall be Holophane and shall be spaced per City Decorative and Intersection Standards. Alternative street light fixtures will be permitted subject to approval by the City Engineer. 33. Prior to final map approval, applicant shall provide to the Public Works Department a Conditional Letter of Map Revision Based on Fill that has been approved by the Department of Homeland Security-Federal Emergency Management Agency. 34. If any portion of the project is located in a special flood hazard area, provide the following statement in a bold box with minimum %-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." 35. All retaining walls shall be masonry and shall be a modular system and/or cast in place concrete with a decorative surfacing. All site retaining walls are subject to the review and approval of the Planning, Building, and Public Works Department. Wood walls shall not be permitted. 36. Prior to Final Map approval, applicant shall provide the City all necessary approvals from other agencies (such agencies shall include but not be limited to Santa Clara Valley Water District and Army Corps of Engineers). 37. Developer shall complete the design, permitting, construction, and dedication of right of way to the City required to improve the southwest corner of the Luchessa Avenue/Monterey EXHIBIT A TM 07-11 Final Conditions of Approval 8 April 18, 2011 Street to its interim configuration, including all undergrounding improvements such as but not limited to irrigation, storm drain, water, sanitary sewer, streetlights, striping, traffic signal conduit, gas, electrical, communications, Monterey Street north bound left turn lane and widening of the west leg of Luchessa Avenue to provide two receiving lanes for the northbound left-turning vehicles. Improvements are to be done as required for each phase of the project. An additional north-bound left turn lane is to be provided should changes need to be made at the Monterey Street and Luchessa Avenue intersection prior to the last building occupancy permit of Phase 2 (150th unit) of the previously approved Oak Creek Master Plan Final Map Phasing Plan, the existing traffic signal shall be modified to accommodate these changes. EXHIBIT A TM 07-11 Final Conditions of Approval 9 April 18, 2011 Attachment A-2 Fire Marshal Standard Conditions of Approval 1. No traffic calming is allowed unless approved by the Fire Chief and found to not adversely impact Fire response time and not to adversely impact Fire Department response apparatus/vehicles. 2. Gated access roadways shall be provided with electronic and provided with an opening system compatible with the Fire Department equipment as well as KNOX key over ride for Fire and Police access. 3. Fire Hydrants shall be able to flow 1,500 gpm with a 20 psi residual pressure. Street hydrants shall be spaced every 300 feet, and within 150 feet of any building. Off-site improvement plan shall provide fire hydrants per the City standard. Hydrants shall be installed prior to commencement of construction with combustible materials. A hydrant flow test shall be performed by Fire Marshal prior to possession by the water department. 4. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. Off-site improvement plan shall provide all homes shall be provided with 1.5 inch water laterals and 1-inch meters sized to allow for a residential NFPA 13d fire sprinkler system. Plot plans for tract homes shall specify that the house is to be provided with fire sprinklers. 5. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 feet shall be provided. Turning radius shall not be less than 32 feet inside and 39 feet outside. Road widths shall be as follows: a. Less than 28 feet, no parking on either side b. Less than 36 feet, no parking on one side. c. At or over 36 feet, parking not restricted. 6. Where parking is restricted, it shall be posted with signs for No Parking-Fire Lane and curbs shall be painted red. Include details in Off-Site improvement plans. 7. Fire Sprinklers are a Deferred Permit and are plan checked and permitted by the Fire Marshal's office. Submit 3 sets of plans using the Building Permit Application Form to BLES. Local standards include: a. 13D system with pilot head in attic, b. riser located in garage, c. spare head box, d. interior horn, garage protected, e. bell on exterior bedroom side of home, f. closets and bathrooms that are not required to be protected shall be protected if they are located under stairs. g. Provide Fire Sprinkler Riser in garage. If domestic water not on garage side, provide check valve at tee, all fire sprinkler piping shall be used at the point that the water line tees off to provide fire sprinkler water supply to the riser, make sure calculations are include line routed from domestic tee off to riser. Alternate location for riser may be approved by Fire Marshal. h. Plumber responsible for flush of system prior to connection by Fire Sprinkler Contractor ( C-16) -No valve that shuts off only the fire sprinkler system shall be installed 8. Homes fronting paseos shall have illuminated address number at both front and rear of EXHIBIT A TM 07-11 Final Conditions of Approval 10 April 18, 2011 each home. 9. An illuminated sign shall be provided at each entry to the development that provides a site map and address key. EXHIBIT A ..''''' . r"i'':_'''\.~" ,'~;6'::;;i .;d..... L.' Exh~.bit A: MitigatiQn~onitoringProgram for Barberi Urban Service Area Amendment (USA 04..02) Introduction CEQA Guidelines sectton 15097 requires Pl1blic (lgencies.to adoptreportmg or motlitoriIig pr.pgranis when they approve projectS subject to an environmental impact . . report.()! a negative declaration that includes mitigation measures to "avoid significcmt . adverse enVironmental effects. The reporting or monitoring program is to .be designed to . erisUre cO-IIlpliancewith cOJi4itiotiS of project approval during j>r6jectimpleineritatioll in order to avoid significarit adverse environmental etfe~ts. . ' . . . . The laww~spassed itirespqnse to historic non-implementation of mitigation measures presented in 'environme~tal documents and sl1bse.quently adOpted as conditions of project approval. In addition, monitoring ensures that mitigationmea~utes are. . implemented and thereby provides a mechanism to evaluate the. effectiverie~s of the nrltigation measures. . . A definitive set of project conditions wouldincluc!e' enough detailed information and enforcement procedures to ensure the measure's Compliance, . 'I1!is trionitoringprogra,pl '. is des;.gnedtoprovide a mechanism to ~surethatIilitigati.on measures:andsubsequent 'conditions of project approval are:implemented. . . Monitoring Program The basis for this monitoring progi'amiS the mitigation measures included in the project envrronniental inipact report. These rnitigatiori measures 'are desi~ed to eliminate or . reduce significant adverse erivironmentalejJects, to less than sigpificantlevels. These .mitigation measure,s become conditions of prbjectapprova1, which the projectpr6ponent is required tocbmplete/during an4 after implementation' of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains a1t. appropriate mitigation measures in the ยท envirotunental impact report. Monitoring Program Proc.edures The City of Gilroy shall use the attached monitoring checklist for the Batberi Urban Service Amendment The monitoring program should be impiemented as fOllows: 1. The. Gilroy Community Development Department should be responsible for coordination of themonitoringprogram,inc1uding the monitoring .checklist. The, EMC Planning Group Inc. . 681068 5-1 ~.o Mitigation Monitoring proy.' . Barberi uS.lendment SUPsequent fEIR Community Development Departme~t should be responsible for completing the monitoringched<list and 4istributing the checklist to the responsible iridividuals or agencies fortheii use innionitoring the niitigation measures; . 2. . Each responsible individual or agency will then be responsible for determining whe~et the mitigation measures contained in the mon.itoring checklist have been complied with.. Once allmritigation measures have be~compliedwith, tqe .. responsible indiVidual or agency should submit a copy of the monitot~ng checklist .to the Community Development Department to be placed in theprojectfilc; If _ the mitigation measure has not been complied With, the monitoring checklist. should nothe returiJ.ed to the Community Development Department; . . 3. The Gilroy Community Deyelopw.cnt Department will review the.checklist to. ensure that appropriate lliitigationmeasures and additional conditioIis of project. approval included. iri the monitoring checklist have been complied with at the appropri~te time, e:g.prior toissuaDce ofa use permit, etc. Compliance,with mitigation meas\J.l'es is required forptojectapprovals;. and . . 4. . If a: responsible individual or agency determines that a non-compliance has occurred, a written notice shoUld be deliveredby certified rri.ailto the project proponent ,within 10 days, with a copy to the Community Develop:ment . Depart:ri1ent, describing the non-compliance and requiring compliance within a . specified period of time. If non-compliance still ~:xists at the expiration of the specified pfl'lod of 'time, construction 'maybe halted and fines may b~ iniposedat thediscretlon of the City of Gilroy . 5w2 EMC Planning Group Inc. Barberi USA Ame.ndment equent FEIR Go Mitigation Monitoring Program , 8arlJ,~ri Urb,n SerVice Area Amendment Mitigation ,Monitoring Checklist , , Ste '1 ,..P . , , PriQrt6 approval ofproject~t1ements the following mitigation meaSure shall be . implemented: . . ' 'I. The applicanl shall negotiate with the City of Gilroy to identify dne Qf the . fOllowingnritigation measures to reduce the impact to agricultural respurces: I . a.Purchase an equalamountofland (1:1 ratio) of agricultllrallcmd within the "Preferred Areas" and the transfer of ownership ofthi~ land to the Open Space Authority or other City-approved agency. . . . b. Purchase of development rights to':a 1:1 ratio oriagricultutalland within..the "Preferred Areas" and the transfer of ownership dfthese rights to the Open Space AQthonty or other dity-apptoved agency. 'Thepurcha,se value of this . agridJ.1tural conservation ease~ent willbe based .up()I1 the appraisal of plJichasing development rightscind not fee-:tit:le rights~ c. , Payment of~ in-lieuJee Will be based upon the lowest appraisal of purchCfSing development rights in the "Preferred ,Areas. ". Partyiesponsible for 'itriplementati(Jtl: Applicant Party respofl$ible for monitoring: Gilroy Planning Division . . 9. Associated with Pl'oje~.,level environmental review when resideptial q<fy~l()p1'nent applicatipns are submitted~ a detailed noise, assessment study shall be conducted' for'the proposed dev~lopment., The study shall include desCljj:>tions of the exteriQrand interior noise exposures under existingand future.conditions and the mitigation measures necessary to achieve compliance with the City of ' ' Gilroy Noise Element and the State of California Code of Regulations, 'fitle 24 (as ap~lied to multi-family housing). Iftesidential1ot') are proposed within 235 .feet south of the Luchessa Avenue . centerline (195 feet from the present property line), or within, 470 feet ofthe , Centerline of Monterey Street, up to amne-foot tall noise barrier may be required between the lots and Luchessa Avenue or Monterey Street. The barrier shall be . ccmsistent with the policies of the general plan, and if feasible, shall be an earth beim.' , Party responsible for implementation: Applicant Party responsible for monitoring: ! Gilroy Planning Division EMC Planning Group Inc. 5-3 ~.o Mitigation Monitoring proglP, Barberi U ndment SubsequentFEIR 10. Associated with project-level enVironmental review when commercial , development application~ are submitted, a detailed noise assessment. study shall be conducted for the proposed development. 'The study shall include descriptions of the' exterior and interior noise exposures wider existing and future, conditions and the mitigation measures necessary to achieve compliance with the City of Gilroy Noise Element. ' Specific mitigation measures identified in the project specific noise assessment shall be incorporated into the project design. Party responsible for t'mplementation;' Applicant Party responsible for monitoring: ' Gilroy Planning Division Step 2 Prior to tentative map or arcl1itectural and site approval, the following mitigation measures shall be implemented: ' ' ' , 15.', Prior to Architectliral and Site Review Approval for the commercial area or high-, density residential uses along Monterey Street, or other residential development if an access street -is proposed to connect to Monterey Street, a traffic study and ' , engineering design shall be performed to evaluate 'traffic flow and turning movements along Monterey Street and Luchessa A veIi~e, and, deterririne suitability of driveway 'locations on Monterey Stred3i1d LuchessaAvenue. If necessary, full access may be provided by ,an internal stIeet. Driveways along Monterey Street shall be limited to right turns in a:hd out. 17. Site plans and tentative maps shall include the following bicycle and pedestrian connections: a. a connection to the Uvas Creek trail; Any modifications to' the. Uvas Creek trail will need to approved by the Santa Clara Valley Water District and the "United States Army Corps of Engineers Emergency Branch Division. Future trail connections wilt need to be addressed in a revised joint use agreement; 20. Prior to approval of a tentative map or architectural and site review for the area located within the flood zone, the applicant shall subnrita hydrology report, prepared for the project by a qualified hydrologist or engineer, to address:issues,of site'drainage, storm water run-off quantity and quality, and on-site storm water flow, subject to the reyiew and approval of the Citybf Gilroy Engineering Division and SCVVlD prior to issuance of a grading permit. All grading, design or other recommendations of this repoJi: shall be incorporated into project plans. The easement area shall be kept clear of any type of buildings or structures for human habitation, and no other structures shall be constructed or maintained ' except except as may be approved by the District, and no excavation shall be 5-4 EMC Planning Group Inc, Barberi US.A Amendment ~equent FEIR ~o Mitigation MonitoringProgram conducted and no landfill placed on the'land withoutsuch:approval as to the location' and method of excavation andlor placement of landfill. ' 21. The applicant shall be required'to prepare storm drai,nage in:lprovement plans for each project phase, subject to the review and approval ofthe City .of Gilroy Engitleering Division and SCVWD prior to approval ofthefina:1 map. The storm. drainage improvement plan shall be designed to maintain post-d.evelopmentrun.. offrates at or below existing run-off rates for the I-year, 5.,year, 10-year, and 100- .year storm events. 22. The,applicant sha~, for each phase of the project, submit a Notice of Intcnt (NOn and detailed engineering designs to the Central Coast RWQCB: ,This ,permit . shall require development and.implementation of~' Swppp that uses storm water "Best Management Practices" to control runoff, erosion and sedimentatiqn frpm the site. The SvVPPP must illcludeBest Management PI:actices that address source reductibn and, ifnecessaIY ,shall ihclude pr(icticesthat require treatment. The SWPPP shall be su,bmittedto tl}.e City of Gilroy 'Engineering Division for 'review.and approval prior to approval of a grading permit for each phase of~e . project. Engineering designs shall addres~ feasible post construction water quality measures such as siltationpollds and filters. . 23. For proje<:~s located within 50 feet ofUvas Creek, the applicant shall submit. plans forreviewpy, and obtain anappr()ved permit from the Santa Clara Valley Water District (SCVWip) prior to approval of a grading permit. . 24. lfthe. folluwing improvements, or equivalent as determiried by the Gilroy . Engineeririg Division, are not included in the City's traffic fee;programat the time traffic impact fees are paid"the developer sh~ pay a pro-rata share of the cost of each improvement not included in the fe~ program in' addition to standard . traffic impact fees. The project that triggers unacceptable levels of service at these locations will be required to design and construct the improvements and submit their costS to the' City for reimbursement our of the traffic impact fee program funds. . a. Luchessa Avenue and Thomas Road: a traffic signal or traffic circl<~j ,b. Luchessa Avenue andPrincevalle Street: a traffic signal; c. Monterey Street and Luchessa. Avenue: ~n additional north.bound left-rum lane and widening of the west leg to provide two receiving lanes for the northbound left-turning vehicles; and d. . Monterey Street and Tenth Street: a second southbound left-turn lane, a westbound overlap phase, one left-t:umlane, two through lanes, and one separate right-turn lane on northboi1.lld Monterey Street. . The development that triggers the improvements is responsible for the design and construction of the mitigation measure. If the improvements are EMC Planning Group Inc. 5-5 5.0 Mitigation Monitoring Prog Barberi uS~endment Subsequent FJEIR traffic impact fee related, the develop'er: will b.e reimbursed based on City procedures. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering J]ivisiot). Step 3 , Prior to approval and. issUance of grading or. buiidittgpemiits, the folloWing mitigation . measure shall be iinplemerited .' .2. During construction all diesel-poweredengmes shall be required to have particle trapping filters to reduce the amount of polluting emissions. Construction. . deli~ery.trucks shall not idle for longer than two minutes. . Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Plan!,ing Division . ~ 3. The following measures . shall be incorporated into all project plans, subject to the review and approva1.of the City of Gilroy Engineering' Division: . , . a. . The idling titne for ,construction equipment shall not exceed two nllnutes; b. Limit the hours 'of operation of heavy-duty equip1l}.ent a:nd/or the amount of equipment in use; c. . All equipment shall be properly tuned and maintained in accordance with , the manufacturer's specifications; . . d.' When feasible,' alternative fueled or electrical construction, equipment shall . be used.at, project site; '. e. Use the minimum practical engine size for construction equipment; and f. Gasoline-powered equipment shall be equipped with catalytic converters, .' where feasible. Party responsible for implementation: Applicant Party responsible for monitoring: . Gilroy Engineering Division 4. The following dust control measures'shall be incorporated into all permits for the proposed project, 'subject to, the review and approval of the City of Gilroy Enginecring Division: a. Water all active construction areas at least twice daily; 5-6 EMC Planning Group Inc. . Barberi USA Amendment. equent FEIR ~o Mitigation Monitoring p.rogram b. 'Cover all trucks hauling sOil, sand, and otherloose materials or require all trucksto maintain at least two feet of freeboard; c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on au unp.aved access roads, parking areas and staging areas at construction . sites; '. . d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas'at construction sites; e. . Sweep streets daily (with water sweepers) ifvisible soil material is carried onto. adjacent public street'!; f. Enclose, cover and water twice daily or apply non-toxic soil binders to .exposed stockpiles.( dirt,. sand); g. Limit traffic speeds 'on unpaved roads to 15 mph; h. Install sandbags or other erosion control measures to prevent silt runoff to public roadways; . 1. Replant vegetation in disturbed areas as quickly as possible; and J. Install wheel washers for all exiting trucks, or wash off the tires or tracks.of. all trUcks and equipment leaving the site. . Party responsiblefor implementation: Party responsible for monitoring: Applt'cant Gilroy Engineering Division 5. Pre-construction surveys for nestinR raptors shall be conduCted by a qualified biologist if construction is to occur. during the nesting season (Apii115- August l)to reduce impacts !o a less than significant level. If raptor nests. are ' located during pre-construction surveys, a qvallfied biologist shall establish a 300- foot buffer around each nest for the duration of the breeding season (until such time as the ,young are fully fIedged) to prevent nest harassment and brood mortality. Work may proceed prior to August 1 only if a qualified biologist . conducts nest checks and ~stablishes that the .young are fully fledged. Every effort will be made to avoid removal or impact to known raptor nests within project . boundaries,_ Iftr~es known to support raptor nests. cannot be avoided, removal of these trees will only occur during the non-breeding s.eason to reduce impacts to a . less than significant level. Party responsible Jor implementation: Applicant \ 'I Party responsiblefor monitoring: Gilroy Planning Division. 6. Prior to future development 'activities, a 50.:foot setback from the high water mark ofUvas Creek shall be established fot the protection of the water corridor. EMC Planning Group Inc. 5-7 ~.o Mitig~t;(m Monitoring pray.. Barberi US . endment Subsequent FEJR . . Although a majority of this corridor is likely to occur on the property ownedby the Santa Clara Valley Water District, a portion of th~ setback may occUr on the . project site. Grading.and equipment shall not be allowed within this setback. If disturbance is proposed within or above the creek bed, a Section 404 permit from the USACE and a Streambed Alteration Agreement from COFG shall be obtained. Party respo~ible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 7. In order to prevent the spread of invasive non-native species, the project . proponent shall prepare a landscaping and re-vegetation plan toindude the followingrequrrements : a. An eradication plan for plants listed in California Exotic Plant Council's Exotic Pest Plants o/GreatestEcological Concern in CalifOrnia currently growing ontheproject site; b. Useof plants listed in California Exotic Plant Council's Exotic Pest Pkmts .of GreatestBcological Concetnin. California shall be p~ohibited; c. Exposed soil.areas shall be.planted, mulched, orcovered between October 15fUld the Jollowing April 15 each year; . d. Plailt materials used in landscaping, erosion control, or habitat restoration. . sb,~ consist Of plants thatC}I'e included in an apJ>l:opriate native California plants asi.dentified by a qualified biologist or landscape architect; and e. To prevent erosion andconservewateT; bare soil betweennewly installed plant materials shall be mulched, covered with jute netting~ or seeded with a :mi.X of seeds :best suited for the climate and soil conditions, and native to the Gilroy region. 8. Prior.to issuance of a grading permit, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the . review and approval of the City of Gilroy Engineering and Building divisions: a. Construction shall be limited to weekdays between 7 AM and 1 PM, and Saturdays between 9 AM and 7 PM, with no construction on Sundays or City holidays; b. All internal combustion engine-driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and c. Stationary noise-generating equipment shall. be located as far as possible from sensitive receptors.when sensitive receptors adjoin or are near a construction project area. 5-8 EMC Planning Group Inc. Barberi USA Amendment~equent FEfR ~.o Mitigation MoniforingProgram Party responsiblefor implementation: Applicant Party responsible for m(9nitoring: Gilroy Planning Division 11. ' Th~ developer shall review the existing barrier along Luc~essa Avenue to, determine ifa three-fQot high e~t~i1_si()n J~oUld be added, If this is~ot.effective and/or feasible, a new, nine-foot high barrier shall be constructeqfu its place. The 'extension or new barrier shall be constructed prior to issuance ofa gradihg, permit(or (:he pioject site, or when the, City determines that noise ,exposurea:t this location exceeds city standards. The developer sliallberesp'onsiblefor the cost to stugy and construct the replacement wall or extension. The entire wall shall be textured and colored, and screened to'the extent feasible , with drought tolerant, low maintenance l~ndscaping. Any new wall sh~ be constructed witlriri existing non-access strips on private property , if existing, otherwise immediately adjacent to the property boundary on the public right-of- way. Party respon.~ible fo1' implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 12. 'Prior to issuance' of building pernrits for ~esidences with yards within 175 feet~f the'sports park, the applicant shall demonstrate that noise levels atresidentiai. . yards are in compliance with. the standards of Gilroy General ,Plan Policy 26.02. . This may be accomplis,\led by the conStniction of a six-foot sound barrier, . however, such barrier shall riot impinge on the SCVWD flood flowage easement' recorded on the project site. Anoisestpdy shall be prepared, based on final improvement plans, to demonstrate that the residences are adequately protected from noise impacts. . Party responsible for implementation: Applicant Party'responsiblefor monitoring: Gilroy Planning Division 13. Subject to the review and approval of the City of Gilroy Buildiug Division, the applicant for any res~dentia1 development on the project site shall condp.ctan acoustical study and establish engineering requirements tobe included in construction plans to maintain interior noise levels at no greater than 45 dBDNL. Approaches to no~se reductions could include use of triple pane windows~ ventilation systems with non-operable windows, or noise attenuating wall construction. Party responsible_for implementation: Applicant Party responsible for monitc.ring: Gilroy Building Dividf;m EMC Planning G;oup Inc.-----.------~-~------------.--------.---------------- 5-9 5.0 Mitigation Monitoring Prog Barberi US endrnent Subsequent FEJR 14. The developer of the first project on the project site shall install afllll eight-phase signal operation at the:Monterey Street/Tenth Street intersection to proVide protecttd left turns on the eastbound and westbound approaches and increase the capacity of the left-turn movement. The signal Sl1all be installed prior to issuance of the first residential or coinmercial occupancy pe~it, subject to review and approval by the CitY Engineering Division.- Party responsible for implementation: . Applicant Gilroy Engineerir;g Divisian Paityresponsible for manitoring: 16. The developer shall conStruct frontageimprovemcntsalongLuchessa Ave:r;me and Mo:riterey Street concurrent with adjacent development on tl1e .project site.. Thepedestria.n improvements shall be completed prior to the iSsuauceof occupancy 'permits for the adjacent uses. The frontage improvements shall include construction of a half-stre~t section irlcluding the eastbouIld 'anes of Luchessa Avenue, the southbotind lanes of Monterey' Street, and a4jacent sidew~, curbs, gutters, and landscaping, and the re.striping o( the pedestrian . crosswalks serving the southwest Cotner of the Monterey Street and Luchessa. Avenue intersection. . . '. . Party responsible for implementation: Applicant Party responsible f()t'monitoring: Gilroy Planning Division . . 18. . Due to the possibility that significant buried cultural resources might be. found d\iringconstruction, "the City. of Gilroy sh~ enslire that the following 1angtiage is included in any grading or conswctiondocumertts issued for the proposed . project that could include earth m.ovement: . If archaeological resources or human retnainsare discov.ered during construction, . 'work shall be halted at a nrinimum of 200 feet from the find and th~ area shall he staked off. The project developer sballnotify a qualified professioIlal archaeologist. If the find is.determined to be significant, appropriate mitigation' measures shall.be formulated' and -implemented. Party responst'ble jhr implementation: Applt'cant Party responsible for monitoring: Gilroy Planning Division 19. In the event of an accidental discovery or recognition of any huma,Il remains in any location other than a dedicated cemetery, the City ofG:Uroy shall ensure that th~ following language is included in any grading or construction documents issued for the proposed schoolthat could include earth movement 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 5-10 --'---'---~------------------"---------------EMC pia;'inlng Group /ric. Barberi USA Amendment equant fEIR ..0 Mitigatiqn Monitoring Program I. . suspected . to overlie adjacent human . remains Until the Gilroy Police Departmen~ has contacted . the coroner. .of Santa Clara County to determine that no investigation of the calise of death is required. If the coroner det~rm.jnes the remains to be .Native American the coroner.shall contact the Native American Heritage Commission within 24. hours. The Na.tiv~ . Atn.~icari Heritage CoIllllliSsionshall. identify the person or persons it believes to Qe the most likely descendent from the deceased Native American. .. The most likely descendent may then make recommendatii:m~ to the landowner or the per~on responsible for the extava.tion work, for means of treating or disposing of, with appropriate .; . -".' . : digIliJy, the human. remains and associated grave goods as provided in: . Public Resources Code Section 5097.98. The lan.downer or his authorized representative shall rebury the Native American human rerha~s an.d associated grave goods with appropriate digriity on the property in a location not subject to further disturbance if: a) th~ Na.t:ive Amencan Heri~ge Commission. is unable to identify a most likely descendent or the most likely descendent failed to make. a. recommendation within 24 hours. after being 110tifiedby the commission; b) the.ges~endent identified fails to make. a reCO:in:mendation;. or. c) the landowner or his authorized representative rejects the. l'e(Jommendation of the descendent, and the mediation by the Native Amencan Heritage Co1nmission fails to provide measures accepta.b1etd the landowner. . Party [flsponsible for implementation: Party responsible jor monitoring: . Applicant Gilroy Planning DivisiOn 5-11 EMC Planning Group Inc. I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2011-23 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 18th day of April, 2011, 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 19th day of April, 2011. (Seal)