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12/02/2021 Planning Commission Regular Agenda Packet Regular Planning Commission Meeting Agenda December 2, 2021 6:30 P.M. Police Department Community Room 7301 Hanna Street, Gilroy CA PLANNING COMMISSION MEMBERS Chair: Tom Fischer: tom.fischer@cityofgilroy.org Andrew Ridley: andrew.ridley@cityofgilroy.org Joan Lewis: joan.lewis@cityofgilroy.org Manny Bhandal: manny.bhandal@cityofgilroy.org Vice Chair: John Doyle: john.doyle@cityofgilroy.org Stefanie Elle: stefanie.elle@cityofgilroy.org Adilene Jezabel Moreno: adilene.moreno@cityofgilroy.org Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual meeting at any time and possibly on short notice. Please check the City of Gilroy website at http://gilroyca.iqm2.com/Citizen/default.aspx for any updates to meeting information. Comments by the public will be taken on any agenda item before action is taken by the Planning Commission. Persons speaking on any matter are asked to state their name and addres s for the record. Public testimony is subject to reasonable regulations, including but not limited to time restrictions on particular issues and for each individual speaker. A minimum of 12 copies of materials should be provided to the Clerk for distribution to the Commission and Staff. Public comments are limited to no more than three-minutes, at the Chair’s discretion. Comments on any agenda item may be emailed to the Planning Division at planningdivision@cityofgilroy.org or mailed to the City of Gilroy, Community Development Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division by 1:00pm on the day of a Planning Commission meting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in he lobby of Planning Division at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1:00pm deadline will be provided to the Planning Commission as soon as practicable. In compliance with the American Disabilities Act (ADA), the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at (408) 846-0491. A sound enhancement system is available in the City Council Chambers. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. Persons who wish to speak on matters set for Public Hearing will be heard when the presiding officer calls for comments from those persons who are in support of or in opposition thereto. After persons have spoken, the hearing is closed and brought to the Planning Commission level for discussion and action. There is no further comment permitted from the audience unless requested by the Planning Commission. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9(b)(1) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the Planning Commission after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also available with the agenda packet on the City website at www.cityofgilroy.org I. PLEDGE OF ALLEGIANCE II. REPORT ON POSTING THE AGENDA AND ROLL CALL III. PUBLIC COMMENTS: (Three-minute time limit). This portion of the meeting is reserved for persons desiring to address the Planning Commission on matters not on the agenda. The law does not permit the Planning Commission action or extended discussion of any item not on the agenda except under special circumstanc es. If Planning Commission action is requested, the Planning Commission may place the matter on a future agenda. Comments on any agenda item may be emailed to the Planning Division at planningdivision@cityofgilroy.org or mailed to Community Development Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division by 1:00pm on the day of a Planning Commission meeting will be distributed to the Planning Commission prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Planning Division at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondences received will be incorporated into the meeti ng record. Items received after 1:00pm deadline will be provided to the Planning Commission as soon as practicable. All statements that require a response will be referred to staff for reply in writing. PUBLIC HEARINGS FOR RELATED PROJECT APPLICATIONS WILL BE HEARD CONCURRENTLY AND ACTION WILL BE TAKEN INDIVIDUALLY. COMPANION PROJECTS UNDER NEW BUSINESS WILL BE TAKEN UP FOR ACTION PRIOR TO, OR IMMEDIATELY FOLLOWING THE RELATED PUBLIC HEARING. THIS REQUIRES DEVIATION IN THE ORDER OF BUSINESS AS NOTED WITHIN THE AGENDA. IV. CONSENT AGENDA 1. November 4, 2021 - Planning Commission Regular Meeting Minutes V. PUBLIC HEARINGS A. Tentative Map application to subdivide approximately 2.88 acres for build-out of the Palomino phase II neighborhood of the Glen Loma Ranch Specific Plan. Applicant Tim Filice representing Filice Family Estate. (TM 21-05). 1. Staff Report: Melissa Durkin, Planner II 2. Open Public Hearing 3. Close Public Hearing 4. Planning Commission Disclosure of Ex-Parte Communications 5. Possible Action: Staff has analyzed the proposed project and recommends that the Planning Commission adopt a resolution recommending that the City Council approve Tentative Map TM 21-05, subject to certain findings and conditions. B. Tentative Map application to subdivide approximately 41.4 acres for build-out of the Canyon Creek, Rocky Knoll and Malvasia II neighborhoods of the Glen Loma Ranch Specific Plan. Applicant Tim Filice representing the Glen Loma Group/Filice Family Estate. (TM 20-05). 1. Staff Report: Melissa Durkin, Planner II 2. Open Public Hearing 3. Close Public Hearing 4. Planning Commission Disclosure of Ex-Parte Communications 5. Possible Action: Staff has analyzed the proposed project and recommends that the Planning Commission adopt a resolution recommending that the City Council approve Tentative Map TM 20-05, subject to certain findings and conditions. VI. OLD BUSINESS 1. Modifications to Planning Commission Bylaws 1. Staff Report: Karen Garner, Community Development Director 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: Staff recommends that the Planning Commission amend the bylaws to change the start time of Planning Commission meetings from 6:30 p .m. to 6:00 p.m. and to not take up agenda items after 10:30 p.m. unless requested by a majority of the Commission. VII. NEW BUSINESS VIII. INFORMATIONAL ITEMS A. Planning - Current Project Log - 11/24/2021 IX. REPORTS BY COMMISSION MEMBERS Commissioner Manny Bhandal - South County Joint Planning Advisory Committee Commissioner John Doyle - Bicycle Pedestrian Commission Commissioner Joan Lewis - Street Naming Committee Commissioner Adilene Jezabel Moreno - Historic Heritage Committee Commissioner Andrew Ridley - Gilroy Downtown Business Association X. PLANNING DIVISION REPORT XI. ASSISTANT CITY ATTORNEY REPORT XII. ADJOURNMENT to the Next Meeting of January 6, 2022 at 6:30 P.M. Planning Commission Regular Meeting of NOVEMBER 4, 2021 I. PLEDGE OF ALLEGIANCE Chair Fischer called the meeting to order at 6:32 pm. Chair Fischer led the Pledge of Allegiance. II. REPORT ON POSTING THE AGENDA AND ROLL CALL Attendee Name Title Status Arrived Stefanie Elle Planning Commissioner Present Manny Bhandal Planning Commissioner Present John Doyle Planning Commissioner Present 6:20 PM Joan Lewis Planning Commissioner Present 6:21 PM Andrew Ridley Planning Commissioner Present Tom Fischer Chair Present 6:20 PM Adilene Jezabel Moreno Planning Commissioner Excused III. PUBLIC COMMENTS There was one public comment from Mayor Marie Blankley. IV. CONSENT AGENDA 1. 1. Staff Report: 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: V. PUBLIC HEARINGS VI. NEW BUSINESS VII. INFORMATIONAL ITEMS A. Informational only. This is to introduce a proposed amendment to the bylaws to change the start time of Planning Commission meetings from 6:30 to 6:00 p.m. The Commission will be asked to take action on the proposed amendment at the next scheduled Planning Commission meeting. 1. Staff Report: Karen Garner, Community Development Director 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: Community Development Director Garner presented the staff report. Commissioner Ridley suggested revising the meeting end time from 11:00pm to 10:30pm in the Planning Commission bylaws. 4.1 Packet Pg. 5 Communication: November 4, 2021 - Planning Commission Regular Meeting Minutes (CONSENT AGENDA) VIII. PRESENTATION BY MEMBERS OF THE PLANNING COMMISSION IX. REPORTS BY COMMISSION MEMBERS Commissioner Manny Bhandal - South County Joint Planning Advisory Committee No meeting. Commissioner John Doyle - Bicycle Pedestrian Commission No report. Commissioner Joan Lewis - Street Naming Committee No report. Commissioner Andrew Ridley - Gilroy Downtown Business Association No report. X. PLANNING DIVISION REPORT Public comment from Mayor Marie Blankey. XI. ASSISTANT CITY ATTORNEY REPORT A. Planning Commission Training City Attorney Faber and Assistant City Attorney Houston presented the staff report. XII. ADJOURNMENT to the Next Meeting of December 2, 2021 at 6:30 P.M. Chair Fischer meeting adjourned the meeting at 8:16pm. Marco Romagnoli, Planning Technician 4.1 Packet Pg. 6 Communication: November 4, 2021 - Planning Commission Regular Meeting Minutes (CONSENT AGENDA) Karen L. Garner DIRECTOR Community Development Department 7351 Rosanna Street, Gilroy, California 95020-61197 Telephone: (408) 846-0451 Fax (408) 846-0429 http://www.cityofgilroy.org DATE: December 2, 2021 TO: Planning Commission FROM: Melissa Durkin, Planner II SUBJECT: Tentative Map application to subdivide approximately 2.88 acres for build-out of the Palomino phase II neighborhood of the Glen Loma Ranch Specific Plan. Applicant Tim Filice representing Filice Family Estate. (TM 21-05). RECOMMENDATION: Staff has analyzed the proposed project and recommends that the Planning Commission adopt a resolution recommending that the City Council approve Tentative Map TM 21-05, subject to certain findings and conditions. BACKGROUND: Request: Tentative Map application TM 21-05 (#21090019) requests subdivision of approximately 2.88+/- acres for build-out of the Palomino II neighborhood of the Glen Loma Ranch Specific Plan area. The subject site is located on Club Drive, between Friedrich Place and Grenache Way. The site comprises APN # 808-43-003. The Palomino II neighborhood is the second phase of the Palomino neighborhood and will continue the pattern of development already established in that neighborhood. The requested map proposes to create four Compact single-family lots. This subdivision would also create one detention basin to serve the Glen Loma Ranch McCutchin Creek and Palomino phases I and II neighborhoods. Tentative Map application TM 21-05 is requested for mapping purposes only. Future build-out of these lots will be in accordance with the specific plan. Application filed by Tim Filice representing Filice Family Estate, 7888 Wren Avenue, Suite D143, Gilroy, CA 95020. Subject Property and Surrounding Land Uses: The subject site is presently undeveloped. The following table identifies the existing land uses and General Plan and zoning designations of the project site and surrounding properties. 5.A Packet Pg. 7 2 LOCATION EXISTING LAND USE GENERAL PLAN ZONING Project Site Undeveloped Palomino II Neighborhood Neighborhood District (ND)/Glen Loma Ranch Specific Plan Neighborhood District/Planned Development (ND-PD) [Glen Loma Ranch Specific Plan] North Uvas Creek Park Preserve Park and Recreation Facility Park/ Public Facility South Glen Loma Ranch Palomino I Neighborhood Neighborhood District (ND)/Glen Loma Ranch Specific Plan ND-PD/Glen Loma Ranch Specific Plan East Ascencion Solorsano Middle School Public and Quasi- Public Facility ND-PD/Glen Loma Ranch Specific Plan West Glen Loma Ranch Olive Grove Neighborhood Neighborhood District (ND)/Glen Loma Ranch Specific Plan ND-PD/Glen Loma Ranch Specific Plan Environmental Assessment: On November 7, 2005, the City Council certified the Glen Loma Ranch Specific Plan Environmental Impact Report (EIR) with 52 mitigation measures and adopted the Glen Loma Ranch Specific Plan. The California Environmental Quality Act (CEQA) Guidelines section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a s pecific plan from further environmental review under CEQA, as long as the project meets the requirements of that section. Staff has determined that the proposed subdivision meets the requirements of section 15182, and therefore, no additional CEQA analysis is required. The mitigation measures listed in the resolution would need to be implemented for this project. These mitigation measures will be required to be implemented prior to submittal of the first final map submitted pursuant to this requested tentative map approval. Future Architectural and Site Reviews: In accordance with the Glen Loma Ranch Development Agreement, architectural and site review permits for projects within Glen Loma Ranch, including the Palomino II neighborhood, would be approved by the planning manager at staff level, provided the plans are consistent with specific plan requirements. ANALYSIS: General Plan Consistency: The City's General Plan designates the subject site as 5.A Packet Pg. 8 3 Neighborhood District/Glen Loma Ranch Specific Plan, which supports the proposed project request. The proposal conforms to the goals and policies of the General Plan , as discussed below: POLICY # TITLE AND SUMMARY ANALYSIS LU 1.1 Pattern of Development. Ensure orderly, contiguous development pattern; prioritize infill development; phase new development; encourage compactness and efficiency; preserve surrounding open space and agricultural resources; and avoid incompatible land uses. The Palomino II subdivision follows the development pattern envisioned by the Glen Loma Ranch Specific Plan. This subdivision is located adjacent to the Palomino I neighborhood and follows the pattern of development in Palomino I. Development of Palomino II will utilize infrastructure currently in place or under construction to support the Specific Plan as a whole. In addition, this phase of development will require completion of the Glen Loma Ranch Specific Plan EIR mitigation measures, which will ensure needed infrastructure is in place to support this development. With implementation of the remaining mitigation measures, the proposed map is consistent with this policy. LU 2.6 Glen Loma Ranch. Maintain and implement the Glen Loma Ranch Specific Plan to guide development in the area and ensure the new neighborhoods provide a complementary mix of housing, retail, services, public facilities, and open space. The Palomino II subdivision has been designed in accordance with the adopted Glen Loma Ranch Specific Plan. The proposed neighborhoods is part of the overall Specific Plan, which provides a complementary mix of housing types, public facilities and open space. The proposed map is consistent with this policy. LU 3.2 Connectivity. Encourage new residential development to incorporate design features that promote walking and connectivity between blocks. The Palomino II subdivision tentative map incorporates connectivity between neighborhoods. The proposed map is consistent with this policy. 5.A Packet Pg. 9 4 POLICY # TITLE AND SUMMARY ANALYSIS LU 3.11 Noise Mitigation Design. Promote the use of techniques less visually intrusive than sound walls, including but not limited to site design techniques. No sound walls will be constructed as part of this project. The proposed map is consistent with this policy. M 1.9, M 3.4 Interconnected Residential Streets. Encourage street patterns that provide direct access between neighborhoods for automobiles, pedestrians, and bicycles and connections to nearby neighborhood commercial services. Bicycle and pedestrian Path Network. Develop and maintain a network of paths along linear parks, public easements, drainages, and other open space areas to accommodate bicycle and pedestrian traffic. The Specific Plan overall provides compact, mixed-use development and a series of trails to encourage bicycle and pedestrian use. Transit opportunities will be provided throughout the Specific plan area. The trails constructed with the other Specific Plan neighborhoods will provide pedestrian and bicycle access between neighborhoods and to the future commercial and recreational areas within the Specific Plan area. The proposed map is consistent with this policy. Neighborhood District Policy Consistency: This property is located within the Glen Loma Ranch Specific Plan Neighborhood District area, which was planned in compliance with General Plan Neighborhood District policies. The resolution approving the Glen Loma Ranch Specific Plan found that the design of the Plan was consistent with General Plan Neighborhood District policies (City Council Resolution 2005-82). The following Specific Plan components support that determination. A) Density Requirements: The “Neighborhood District Policy” [The Policy] sets minimum, but not maximum, density standards, and provides incentives for projects to achieve a higher “Target” density of approximately 8 units per acre [The Policy section 8.1]. The Glen Loma Ranch Specific Plan addressed The Policy’s density requirements by setting requirements for minimum and maximum densities in each neighborhood; establishing a range of product types that could be developed within each neighborhood; and by requiring a mix of lot sizes and housing types within larger neighborhoods [Glen Loma Ranch Specific Plan section 4]. While individual neighborhoods within the Specific Plan area may not meet minimum or target densities, the Specific 5.A Packet Pg. 10 5 Plan overall has been designed to meet these densities. B) Affordable Housing Requirements: The Policy requires that each Neighborhood District development construct a minimum of fifteen percent (15%) of its units at affordable prices. The adopted Development Agreement and Specific Plan set forth the specific considerations related to affordable housing and senior housing within the Glen Loma Ranch Specific Plan area. In accordance with the Development Agreement, 15.1 perce nt of the units constructed will be sold or rented at affordable levels, resulting in a maximum of 256 affordable units within this Specific Plan area. This number is comprised of seventy-five (75) unrestricted “Senior” units (29.3%), that are intended to be affordable by design (i.e. smaller units constructed at a higher density); seventy-five (75) “affordable Senior” units (29.3%) that will be affordable in accordance with adopted City policies; and 106 multi-family units (41.4%) that will be affordable in accordance with adopted City policies. These units may be either sold or rented. That number of affordable units is required if the developer achieves the maximum Specific Plan build out of 1,693 units; if fewer units are constructed, the number of aff ordable units required will be reduced accordingly, while maintaining the 15.1 percent affordability ratio. To meet the affordable housing requirements, Glen Loma Ranch has entitled, and is in the process of constructing, the following affordable units: Neighborhood Type No. of Units % of Total Town Center Affordable Senior Affordable Apartments 62 31% Town Center Affordable Multi-Family Affordable Apartments 94 46% Town Center Multi- Family Senior Unrestricted Townhouse Units 46 23% Total Affordable Units 202 100% So far, Glen Loma Ranch has entitled 1,078 total residential units. The Canyon Creek, Rocky Knoll, and Malvasia II tentative map (TM 20 -05) proposes an additional 123 units and the Palomino II tentative map (TM 21- 05) proposes an additional four units. If TM 20-05 and TM 21-05 are approved, Glen Loma Ranch will have entitled 1,20 5 units. The 15.1% affordable housing requirement for these units would equate to 18 2 units. Glen Loma Ranch has met the affordable housing requirements for the units entitled so far. Staff anticipates a total of 1,275 units in the portion of the Specific Plan that the Glen Loma Group controls. This would equate to a requirement for 193 affordable units. Based on this unit count, The Glen Loma Group has 5.A Packet Pg. 11 6 satisfied its affordable housing requirement for the portion of the Specific Plan under its control. The Gilroy Unified School District owns two other properties within the Specific Plan area: the Cabernet Neighborhood, which has been developed with Las Animas Elementary School, and the Olive Grove neighborhood. If either of these neighborhoods develops with residential units, the future developer may need to develop affordable housing units to ensure the Specific Plan area meets the 15.1% affordability requirement. C) Neighborhood Open Space: The Policy requires open space to meet the needs of residents in the neighborhood district area. Specifically, this policy requires “minimum standards for recreational areas and [. . .] a focal point recreational area in each neighborhood.” This issue is discussed in the “Open Space” section of this staff report. Staff believes the Glen Loma Ranch Specific Plan will provide exceptional recreational and open space amenities for residents as well as the community at large. D) Housing Diversity: The Policy states, “Neighborhood District master and specific plans shall mix housing of different densities together, integrating them throughout the Neighborhood District.” The Glen Loma Ranch Specific Plan meets this requirement by including the following housing types: compact and traditional single-family lots, zipper lots, and multi-family attached units. These housing types have been dispersed throughout the Specific Plan area. The Palomino II tentative map will add four compact lots to the housing mix. By complying with the requirements of the Glen Loma Ranch Specific Plan, the Palomino II neighborhood complies with The Policy. Santa Clara Valley Habitat Plan Consistency: The Glen Loma Group is processing a Habitat Plan permit for this neighborhood, in conformance with the requirements of Gilroy City Code Chapter 12.6. The Habitat Plan permit will establish mitigation fees that will be paid to the agency prior to grading permit issuance. Conformance with Glen Loma Ranch Specific Plan Development Standards and Guidelines: The proposed development is in the Glen Loma Ranch Specific Plan area. In accordance with the Gilroy City Code, the proposed subdivision may be approved with a tentative map. Staff will review and app rove the future architectural and site review applications separate from this proposed subdivision, in accordance with the Development Agreement. The following applicable development standards have been considered for the proposed project. Applicable Glen Loma Ranch Specific Plan Standards STANDARD REQUIRED PROPOSED CONFORMS? LUS-1 Each Neighborhood within the Specific The Palomino II subdivision is surrounded Yes 5.A Packet Pg. 12 7 STANDARD REQUIRED PROPOSED CONFORMS? Plan shall observe the setbacks to natural features established within the Specific Plan and project Mitigation Measures by developed or developing land and will not impact natural features. LUS-2 The Neighborhoods within the Specific Plan shall provide visual as well as physical access to the natural features being preserved and enhanced subject to environmental consideration where appropriate The Palomino II subdivision is surrounded by developed or developing land and will not impact access to the open space areas. Yes LUS-11 Streets, and/or trails shall link schools, parks, commercial areas, and residential Neighborhoods to ensure pedestrian access. The Specific Plan has been designed with a system of streets and trails that connect the schools, parks, commercial areas and neighborhoods within the Specific Plan area. The proposed tentative map implements this aspect of the specific plan by constructing streets that will connect to the master planned street system. Yes TCMF/ OSS-2 Provide pedestrian paths to connect parking, open space and recreational facilities. The project has been designed with sidewalks that connect to parking, open space and recreational facilities. Yes FPS-1 The size of each Focal Point shall be at least 4,500 square feet in size. The neighborhood focal point for the Palomino Neighborhood was designed as part of Palomino I. The focal point is 0.4 acres. Yes Applicable Glen Loma Ranch Specific Plan Guidelines 5.A Packet Pg. 13 8 STANDARD REQUIRED PROPOSED CONFORMS? VAG-1 Through streets are preferred, but loop streets are permitted to form interconnecting grid patterns. This subdivision proposes a through street that connects to surrounding through streets within the Specific Plan area. Yes Staff Analysis for Tentative Map (TM 21-05): The subject property would create four compact lots in the Palomino II neighborhood. The proposed tentative map would also create parcels for a detention basin and a private street. In accordance with Section 21.41(i) of the Gilroy City Code, initial approval of a tentative map is valid for twenty-four (24) months. Such approval may only be extended at the Council’s discretion. a) Site Layout and Lot Sizes: TM 21-05 proposes to subdivide land located on the northern end of the specific plan area adjacent to Club Drive. This subdivision is bordered to the north by Uvas Creek Park Preserve; to the south by the Palomino I neighborhood; to the east by Ascencion Solorsano Middle School; and to the west by the Olive Grove neighborhood (see attachment 2 for reduced plans). The following chart summarizes the proposed parcels and la nd uses: Land Use Acreage Lot(s) Detention Basin 0.66 B10 Residential Lots 0.37 1-4 Private Street 1.85 N/A Total 2.88 The Palomino II neighborhood is located on Club Drive between Grenache Way (existing public street) and Friedrich Place (approved private street). Palomino II is the second phase of the Palomino neighborhood, which was approved via tentative map application TM 16-01. The Palomino II neighborhood consists of four single-family Compact lots, at a density of 10.81+/- DU/net acre. [Compact Lots are described in the Specific Plan in Section 7, page 24.] Lots in this neighborhood range in size from 3,600+/- to 4,200+/- square feet and will be served by a private street [Friedrich Place] with at least four on-street parking spaces. [Note: all on-street parking discussed in this tentative map analysis is in addition to parking in garages and driveways.] 5.A Packet Pg. 14 9 All lots in this subdivision back onto a detention basin (lot B10). These lots will be provided with a masonry wall, rather than open fencing, as the detention basin is not preserved open space and will not be used for recreational purposes. b) Commercial Opportunity Site: The site where the Palomino II subdivision is located is designated as a “Commercial Opportunity Site” on the specific plan map. This site has been held in reserve to allow for a potential developer to acquire this site for commercial development. The applicant has submitted a letter from a commercial real estate service (see attachment four). The letter indicates this site is not suitable for commercial development for the following reasons: 1. The site is located mid-block with low traffic volumes; 2. The site has difficult ingress and egress; 3. The site does not have an anchor tenant that would attract customers; and 4. The proximity to a middle school would eliminate the possibility of a convenience store use. Staff agrees that this site would not be suitable for a commercial use and supports its development with a residential use. c) Density: The density of the Palomino I neighborhood is shown in the chart below. Neighborhood Total Units Net Area (acres) Net Density (DU/Acre) Palomino II 4 0.37 10.81+/- d) Circulation: The Glen Loma Ranch Specific Plan includes a circulation system composed of arterial, collector and local roads connecting to Santa Teresa Boulevard, Miller Avenue, Tenth Street, and West Luchessa Avenue. The Specific Plan also includes a well-developed system of bicycle and pedestrian trails that provide connectivity throughout the Specific Plan are a and to adjacent residential neighborhoods, Christmas Hill Park, and the Uvas Creek Park Preserve. Opportunities for transit are also included within the plan area. The private street within the Palomino II subdivision complies with city of Gilroy private street standards in terms of lane width, sidewalk width, and parking stall width; all private streets will be maintained by the homeowners’ 5.A Packet Pg. 15 10 association. The name of the new private street has been approved in accordance with the Development Agreement. Access to the Palomino II subdivision will be provided by Club Drive and Friedrich Place. e) Open Space: Although open space will be developed throughout the Specific Plan area, no additional open space will be developed as part of the Palomino II neighborhood. f) Stormwater Treatment Basin: The tentative map shows one detention basin on parcel B10. The basin is designed to provide stormwater detention and stormwater treatment for the proposed development. The treatment basin will be constructed as part of project improvements. g) On and Off-Site Improvements: The following on-site improvements would be developed as part of this tentative map approval: Friedrich Place along the property boundary; and the stormwater treatment basin. The following off-site improvements would be developed as part of this tentative map approval: completion of outstanding mitigation measures discussed above. FINDINGS: As discussed and analyzed above, the following findings can be made in support of the tentative map request: i) The proposed Tentative Map is generally consistent with the intent of the goals and policies of the Glen Loma Ranch Specific Plan. ii) The proposed Tentative Map is consistent with the intent of the goals and policies of the City's General Plan. iii) The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. iv) Public utilities and infrastructure improvements needed to serve the proposed project are in close proximity. v) There will be no significant environmental impacts resulting from this project due to the required mitigation measures to be applied. As such, staff supports a recommendation of approval by the Planning Commission with the recommended conditions included in this staff report. Gilroy Unified School District (GUSD): Project plans were routed to the GUSD for review and comments. Gilroy Unified School District staff has provided the following information about this site: a) The Glen Loma Ranch development is served by the following schools: Las Animas Elementary, Ascension Solorsano Middle School, and Gilroy High School. The District might construct an additional elementary school within the Glen Loma Ranch Specific Plan area in the future, if warranted . 5.A Packet Pg. 16 11 b) District staff expects approximately one student to be generated from this project and has determined that the schools serving the Glen Loma Ranch development have adequate capacity to serve the students generated by the new homes. Technical Advisory Committee (TAC): Project plans were routed to Engineering, Building, Police, and Fire representatives for internal review and comment. The TAC considered the project on September 16, 2021. Recommendations of the TAC members have been incorporated into the project plans and/or are included as recommended conditions in the attached resolution. Pursuant to Section 21.41(a), the Tentative Map was distributed for consideration by various departments and utility agencies. Standard comments received are incorporated in the recommended conditions of approval. Bicycle Pedestrian Committee (BPC): On October 26, 2021, staff presented the Palomino II project to the BPC. The BPC did not provide project-specific comments or recommendations. Noticing: Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated by First American Title Company using current ownership data. On November 19, 2021, notices of this Planning Commission meeting were mailed to the property owners along with other interested parties. The notice was published in the Gilroy Dispatch on November 19, 2021. In addition, the property has been posted with on-site signage notifying passersby of pending development, and the Planning Commission public hearing packets are available through the City's webpage. Appeal Procedure: The Planning Commission's action is not final, but rather a recommendation. As such, the matter will be considered by the City Council at a later date. Attachments: 1. TM 21-05 Location Map 2. Palomino II Tentative Map 3. Mitigation Measure Status 4. Commercial Site Viability 5. TM 21-05 Draft Resolution of Approval 2021-XX 5.A Packet Pg. 17 TM 21-05 Glen Loma Ranch Palomino II Location Map 5.A.a Packet Pg. 18 Attachment: TM 21-05 Location Map (3486 : TM 21-05) 5.A.bPacket Pg. 19Attachment: Palomino II Tentative Map (3486 : TM 21-05) 5.A.bPacket Pg. 20Attachment: Palomino II Tentative Map (3486 : TM 21-05) 5.A.bPacket Pg. 21Attachment: Palomino II Tentative Map (3486 : TM 21-05) 5.A.bPacket Pg. 22Attachment: Palomino II Tentative Map (3486 : TM 21-05) 5.A.bPacket Pg. 23Attachment: Palomino II Tentative Map (3486 : TM 21-05) LICO DRIVESANTIAGO COURT EXISTING CLUB DRIVEEXISTING SANTA TERESA BLVD (COUNTY OF SANTA CLARA)EXISTING GRENACHE WAYSIDERITS WAY SIDERITS WAY GREELEY WAY GREELEY WAY FRIEDRICH WAY OUTLETSTRUCTURECLASS I TRAIL, NOTE 4.INFILTRATION BASIND-1D-2OUTFALLOUTFALLSTORM WATER MANAGEMENT NOTES:1.POST-CONSTRUCTION STORM WATER MANAGEMENT REQUIREMENTS FOR GLEN LOMA RANCH(WEST) ARE BASED ON REGIONAL WATER QUALITY CONTROL BOARD CERTIFICATION NUMBER34316WQ01. PER THE CERTIFICATION, THE FOLLOWING MEASURES SHALL BE PROVIDED:1.a.PROJECT SHALL TREAT ALL RUNOFF GENERATED BY THE 85TH% 24-HOUR STORM EVENT(WHEN USING VOLUME BASED TREATMENT) OR 0.2 IN/HR (WHEN USING FLOW BASEDTREATMENT).1.b.THE PROJECT SHALL RETAIN ON SITE THE DIFFERENCE BETWEEN THE PRE- ANDPOST-PROJECT TOTAL RUNOFF GENERATED BY THE 85TH% STORM EVENT.1.c.THE PROJECT SHALL MANAGE PEAK FLOWS TO WATERS OF THE STATE SO THATPOST-PROJECT PEAK FLOW RATES DO NOT EXCEED PRE-PROJECT FLOW RATES FOR THE 2-,10-, 25-, AND 100-YEAR STORM EVENT.2.THE FOLLOWING OUTLINES HOW THE PROJECT PRELIMINARILY PROPOSES TO COMPLY WITHWATER BOARD CERTIFICATION 34316WQ01:2.a.STORMWATER TREATMENT: A RETENTION BASIN IS PROPOSED TO RETAIN WATER ONSITE. THE ROUTING METHOD WAS USED TO ROUTE THE 24-HOUR DESIGN STORMTHROUGH THE BASIN UTILIZING THE SCS CURVE NUMBER METHOD AND A DESIGNINFILTRATION RATE OF 20 IN/HR. PRELIMINARY RESULTS OF THE ROUTING MODELCONCLUDE THE BASIN CAN RETAIN UP TO THE 10-YEAR STORM EVENT .2.b.STORMWATER RETENTION: THE PRELIMINARY ROUTING METHOD MODEL CONCLUDESTHE PROPOSED BASIN CAN RETAIN THE 10-YEAR 24-HOUR STORM EVENT. THEREFORE, ITCAN RETAIN THE DIFFERENCE BETWEEN THE PRE-, AND POST 85TH% 24-HOUR STORM.2.c.PEAK FLOW MANAGEMENT: BASED ON THE PROPOSED INFILTRATION BASIN, AND OUTLETSTRUCTURE SHOWN IN DETAILS 1, THE PROJECT CAN REDUCE PEAK FLOWS TO LESS THANPRE-PROJECT LEVELS. PREFER TO THE TABLE BELOW FOR PRELIMINARY RESULTS.3.THIS STORM WATER RUNOFF MANAGEMENT PLAN IS CONCEPTUAL AND SUBJECT TO REVISIONBASED ON FINAL DESIGN.4.FINAL LOCATION OF UTILITIES AND STORMWATER CONTROL MEASURES WILL BECOORDINATED DURING FINAL DESIGN TO MINIMIZE CONFLICT.5.ALL STORMWATER CALCULATIONS SHOWN BELOW ARE PRELIMINARY AND SUBJECT TOCHANGE DURING FINAL DESIGN.6.CLASS I TRAIL IS EXCLUDED FROMSTORMWATER CALCULATIONS PER SCVURPPP C.3STORMWATER HANDBOOK TABLE 2-2, "SIDEWALKS, BICYCLE LANES AND TRAILS THAT ARENOT BUILT AS PART OF NEW ROADWAYS OR ARE CONSTRUCTED WITH PERMEABLE SURFACES."STORMWATER INFILTRATION BASINLEGENDDRAINAGE MANAGEMENT AREA BOUNDARYSTORM DRAINRESIDENTIAL LOTS (60% IMPERVIOUS)STREET/PARKING AND HARDSCAPE (100% IMPERVIOUS)PRELIMINARY STORMWATER SIZING TABLESD-1DMA NUMBER5.A.bPacket Pg. 24Attachment: Palomino II Tentative Map (3486 : TM 21-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021STEP 011Step 01 - Prior to approval of the first tentative map.Prepared by Nuvis (project Landscape Architect) Applicant Responsibility Complete for ProjectA buffer along the entire length of the boulevard, in varying identified widths depending upon topography and views into the site; Santa Teresa Boulevard Landscape Plan Submitted 2/20/2013 to the City of GilroyLandscaping along Santa Teresa Boulevard to enhance and blend into the natural landscape and screen, to the greatest extent feasible, views of structures including berm/sound wall combinations; Design options for entry features consistent with General Plan policy 1.10;Design options for berm/sound wall combinations and signs; and Class I Santa Teresa Multi-Use Regional Trail.12Step 01 - Prior to approval of the first tentative map. (Rocky Knoll area is not part of the Phase 1 TM)Open Space Management Plan was prepared by Zander & Associates, the project biologist.Open Space Management Plan submitted Jan. 8, 2014 to the City of Gilroy.Note: CC&R's were submitted by the applicant as part of the first Final Map will reference this document.Complete for Project47Step 01 - Prior to approval of the first tentative map.Provided with the Phase 1 TM Submittal Applicant: submitted with the Phase 1 TM Complete for Project48Step 01 - Prior to approval of the first tentative map.Provided with the Phase 1 TM Submittal Applicant: submitted with the Phase 1 TM Complete for Project49Step 01 - Prior to approval of the first tentative map.A plan was developed at a meeting with the Fire Chief, Community Development Director and the Fire Marshal on Dec. 18, 2013.Applicant submitted a letter dated Dec. 19, 2013 documenting the plan.Complete for Project51Step 01 - Prior to approval of the first tentative map.This report was prepared by the consultant and reviewed/commented on several times by the Fire Marshall. Applicant: submitted this previously reviewed report with the Phase 1 TMComplete for ProjectPrior to the approval of the first tentative map, the project proponent shall prepare a Santa Teresa Boulevard Landscaped Buffer Plan to include, but not be limited to, the following components: The preserved serpentine rocky grassland on site shall be actively managed to reduce indirect impacts resulting from public use. This may include ranch-style wood fencing surrounding the knoll to protect the area from off-road vehicle use. Additionally, a short trail system could be installed to direct public access with interpretive signs at trailheads to educate the public on the uniqueness of the serpentine grassland community. The project proponent of any future development on the project site shall include habitat management measures in future project plans, subject to review and approval of the City of Gilroy Planning Prior to approval of the first tentative map, the applicant shall provide written verification and mapping of the approximate 17 percent of the project site previously used for non-dryland crop use (e.g., wine grapes, tomatoes, cucumbers, strawberries). Prior to approval of the first tentative map, the project proponent shall prepare a program for monitoring the need for development of the new fire station. The monitoring program shall be consistent with the requirements of the development agreement between the project proponent and the City of Gilroy and is subject to review by the City Fire Marshal.Prior to approval of the first tentative map, the project proponent shall have an “urban wildland interface planner” prepare a report to address the vegetation in the Preserved Open Space and evaluate fuel management and modification. The report shall be based on fuel modeling and fire behavior for the existing vegetation. As each neighborhood adjacent to the Preserved Open Space is developed, the recommendations of the report shall be implemented by the developer in the adjacent Preserved Open Space. The required width of the Fuel Transition Zones shall also be at least the width as recommended in the report. Prior to approval of tentative maps, use permits, or architectural review applications of neighborhoods identified as part of mapping required in Mitigation Measure #47, the developer shall have a Phase I Environmental Site Assessment prepared. Based on the findings of the Phase I Environmental Site Assessment, clean up and disposal of such contamination, if present, shall be in compliance with federal, state and local regulations governing the clean-up and disposal of hazardous waste.Monitoring Responsibility, Method & TimingCity Planning StaffCity Staff - part of the Phase 1 TM reviewCity Staff - part of the Phase 1 TM reviewCity Staff - review/revision/acceptance of the implementation steps to be presented in the Dec. 18, 2013 meeting.City Staff - part of the Phase 1 TM reviewCity of Gilroy W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 1 of 125.A.cPacket Pg. 25Attachment: Mitigation Measure Status (3486 : TM 21-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 027Step 02 - Prior to approval of the each tentative map or use permit.Project Biologist: Letters dated 10-11-2013, Feb. 18, 2014 & Feb. 21, 2014 note and accept buffers, anticipated encroachments and the proposed crossings for the entire project.Mr. Zander personally walked the site in April 2, 2013, and placed colored pin flag designating the type of open space/required setback. The pin flags were field surveyed and the setbacks were accordingly established for the project.Complete.Setbacks were established for the entire GLR project with the Ph. 1 Tentative MapNeighborhoods with TM's that are confirmed to conform with the setbacks established on the Ph. 1 TM.: Mataro, Petite Sirah, Vista Bella, Home Ranch, Wild Chestnut, Montonico, Palomino, McCutchen, The Grove, and LuchessaThe remaining TM's/Site Applications have been reviewed for conformance as they are submitted.8Step 02 - Prior to approval of the each tentative map or use permit.There is no filling of drainage corridors with Phase 1 TMApplicant to obtain HCP permits prior to grading permit issuance for future phase that disturb such features.HCP in place now. Applicant is preparing the application now.Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th.A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on-site revegetation with locally-obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on-site at a minimum 3:1 replacement ratio.13Step 02 - Prior to approval of each tentative map or use permit.To be a note on each TM stating that these requirements will be included on the project grading plans.Applicant - put note on TMs & include in the errosion control plans that accompany the final grading plan.Applicant - include erosion control plans with each grading plan set.Is part of the grading & improvements plans submitted with each neighborhood in GLRPending for future TM's/Site ApplicationsThe Phase 1 TM Master Plan Sheets shows the expected open-bottom culvert crossings that will be with future TM's. Prior to approval of each individual tentative map or use permit, subject to the review of the Gilroy Planning Division the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek.Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to include adequate buffer areas to protect wetlands, waters of the U.S., oak/riparian woodland, and other open space areas to be preserved in the specific plans area (coastal scrub areas, mixed cultivated woodland, and rocky serpentine grassland areas), subject to review and approval of the City of Gilroy Planning Division. Project plans shall indicate that no development is to occur within 100 feet of a defined creek bank or edge of riparian corridor. Project plans shall indicate that no development is to occur within 50 feet of other open space areas; however, this setback may be reduced due to site constraints or to accomplish specific project goals subject to review and approval of the City of Gilroy Planning Division, but shall in no event be less than 30 feet. Wherever possible, buffer areas shall be planted with locally-obtained native grasses, shrubs and woodland understory species.Project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site’s drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following:A comprehensive 404 (b) permit with the Army Corp of Engineers that covers all disturbances within the Glen Loma Ranch Specific Plan area has been issued by the Corps for signature. The RWQCB permit for all of GLR has been issued.HCP application for the disturbance in this these neighborhood has been approved.City Staff - require submittal Biologist's letter as part of the Phase 1 TM review. City Staff: review future TM's for conformance with the buffers, etc. establish on the Phase 1 TM for the entire project.City Staff - None with Phase 1 TMHCPApplication reviewProject Biologist: 10-11-2013 letter notes and accepts the proposed crossings. Also, biologist's letters dated Feb. 18, 2014 & Feb. 21, 2014.City Staff - To review with each subsequent TM and corresponding grading/building permits. Also, confirm that the payment of the HCP fee is in lieu of a 3:1 replacement.City Staff - part of each TM review to confirm a note requiring such in on each TM.City Staff - to confirm the requirements, or their equivalent, are part of the project errosion control plan accompanying each submittal for a grading permit.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 2 of 125.A.cPacket Pg. 26Attachment: Mitigation Measure Status (3486 : TM 21-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 02 (CONTINUED)15Step 02 - Prior to approval of each tentative map or use permit.No wetlands are expected to be disturbed within the project.The Phase 1 TM Master Plan Sheets shows the expected crossings that will be with future TM's. The developed area for the Phase 1 does not disturb such features.None with Phase 1.Note on future TM when a disturbance is anticipated.Applicant to obtain permits prior to grading permit issuance for future phase that disturb such features.The Wetland Delineation with the US Army Corp is complete for the entire GLR Specific Plan is complete.A comprehensive 404 (b) permit with the Army Corp of Engineers that covers all disturbances within the Glen Loma Ranch Specific Plan area has been issued by the Corps for signature. The RWQCB permit for all of GLR has been issued.17Step 02 - Prior to approval of each tentative map or use permit.To be a note on each TM stating that these requirements will be included on the landscaping plan prior to approval of the respective FM.Include this detail on each set of landscaping plans that include trails.Applicant: Note on each TM that includes a public-accessed trail.Applicant: include detail on each landscaping plan that includes trails.Note is included on the GLR TM'sPending for future TM's/Site Applications in applicable neighborhoods.18Step 02 - Prior to approval of each tentative map or use permit.The trees within or adjacent to potential disturbance areas were tagged and field located by land surveying methods.The Arborist has the trees in the field and reviewed the grading area for the entire specific plan area. The resulting arborist report identifies the trees to be removed. The report identifies the "significant" trees and establish the replacement requirements.Applicant: Arborist report and recommendations are complete for the entire specific plan area.Applicant: engage the Arborist during grading operations to assure the recommendations are followed and replanting is completed properly.Complete for Project. Future: Assure compliance with future TM's/Site Applications and for grading plan submittals with future neighborhoods.22Step 02 - Prior to approval of each tentative map or use permit.Only affect the Phase1A TM.Was provided with the Phase 1 TM SubmittalApplicant: has obtained a qualified Geotechnical consultant to investigate and prepare a reportComplete for Project. Project developers shall have a fault investigation performed for each tentative map or site plan approval within the fault rupture zone to determine if there is an active fault located within the fault rupture zone. The investigation shall determine, but not be limited to, the location of the fault (if any), and the anticipated severity of seismic activity of the fault. A copy of the report shall be presented to the City of Gilroy and the County of Santa Clara Planning Office. Project developers shall use the findings of the report for structural design or avoidance of the potential hazard. The fault investigations shall be subject to the review and approval by the City Engineering Division, prior to the approval of tentative maps and/or architectural and site plan approval. Prior to approval of a tentative map for each phase of the proposed project requiring removal or alteration to potential wetlands and/or waters of the U.S., a wetland delineation shall be prepared according to U.S. Army Corps of Engineers guidelines. The actual acreage of impacts to waters of the U.S. and wetlands shall be determined based on project plans for each development project and the wetland delineation for each development phase. The project proponent shall obtain all necessary permits and/or approvals from the U.S. Army Corps of Engineers and shall retain a restoration specialist to prepare a detailed wetland mitigation plan, if necessary, subject to review and approval by the U.S. Army Corps of Engineers and the City of Gilroy Planning Division. The plan shall include, but not be limited to, creation of wetlands on site to mitigate for unavoidable impacts to waters of the U.S. and wetlands resulting from development activities.Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division.Prior to tentative map or use permit approval of areas that contain any significant tree(s), a field survey shall be conducted by a certified arborist to determine the number and location of each significant tree to be removed, the type and approximate size of each significant tree, and the reason for removal. These findings shall be included in a written report that contains specifications for replacing significant trees to be removed.City Staff - None with Phase 1.HCP Application reviewCity Staff - To review with each subsequent TM and corresponding grading/building permits. Confirm that the payment of the HCP fee prior to grading for each phase.City Staff - confirm note on each TM.City Staff - assure compliance on each set of landscaping plans that include trails.City Staff - confirm the arborists report for the entire specific plan area, which was submitted with the Phase 1 TM review.City Staff - confirm that each grading plan/site permit application conforms with the arborist report and that the replacement trees are planted as recommended.City Staff - with the Phase 1 TM review.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 3 of 125.A.cPacket Pg. 27Attachment: Mitigation Measure Status (3486 : TM 21-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 02 (CONTINUED)23a. The pond(s) should be located to collect the storm water runoff from the project site and discharge to either McCutchin or Reservoir Creeks. the existing drainage corridors and/or existing outfalls that are tributary to Uvas Creek. b. Any discharge from the pond(s) should release a maximum of storm water runoff for pre-project conditions (see tables 18 and 19 in the Draft EIR).c. The pond(s) should be sized a total of approximately 8.9 acre-feet to provide for appropriate storm water quantities and filter pollutants for the purpose of water quality.d. The pond(s) shall not replace any proposed preserved open space at the project site, that was assumed to provide as the preserved open space provides flood control and water quality benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003).27Step 02 - Prior to approval of each tentative map or use permit.Study for Montonico was prepared by Illingworth & RodkinApplicant: has obtained a qualified Accoustical consultant who prepared the report for Phase 1 TM.Complete for these neighborhoodsSTEP 0311Step 03 - Prior to recordation of the first final map and/or final improvement plans.Future submittal of CC&R's with individual project Improvement Plans/Final Maps CC&R's have been submitted by applicant, to be confirmed with the review of each FMThe CC&R's are complete for the entire GLR project. These neighborhoods will become part of the association.Future: each neighborhood to be included in the GLR HOA as it develops.Prior to recordation of the first final map within the Glen Loma Ranch Specific Plan area, the project proponent shall ensure that a suitable ownership structure (i.e., homeowner's association or similar mechanism) is established prior to occupancy to take long-term responsibility for maintaining and funding the ongoing management of any open space, woodland, vegetated riparian, or other habitat conservation easements on site. The homeowner's association, or other suitable mechanism, shall be structured so that it is responsible for enforcing habitat protection and maintenance measure to protect onsite biological resources. The homeowner's association any assess fines to property owners who are non-compliant with these measures. Fines assessed by the homeowner's association shall be used for on-site habitat protection, maintenance, and restoration, as necessary. Any noncompliance shall be reported to the City of Gilroy Planning Division and California Department of Fish and Game by the homeowners association.Future developers adjacent to Santa Teresa Boulevard, and along internal project arterials, shall prepare a noise impact assessment, by a noise consultant acceptable to the City, to determine if the project would be significantly affected by general plan buildout traffic volumes. If the noise impact assessment concludes that the project would not meet the noise standards of the general plan, the project shall be redesigned to be consistent with the general plan noise element policy 26.03 and 26.05, and with the noise standards in the Guidelines for Sound Attenuation and Visual Preservation of the Santa Teresa Boulevard Corridor Policy. The noise attenuation feature shall be no higher than seven feet above the existing grade at the property line. The appropriate height of the noise attenuation feature shall be incorporated into applicable tentative maps prior to their approval. Noise attenuation features shall be landscaped and primarily consist of earthen berms, and an appropriate funding mechanism for maintenance shall be identified.The specific plan shall be revised to Each tentative map shall include a detention pond or ponds to collect storm water in the case of 2-, 10-, 25-, and 100-year peak storm events. Detention ponds shall be designed according to the recommendations presented in the Hydrologic Analysis (Schaaf & Wheeler 2005) and should include, but not be limited to the following:Step 02 - Prior to approval of each tentative map or use permit.This mitigations was updated in the Addendum to the GLR EIR prepared in March 2014.Addendum prepared for approval with the Phase 1 TMApplicant's Engineer - submitted the basin locations, sizing and accompanying calculations for the entire SP area with the Phase 1 TM. The Project Biologist has accepted the basin locations for the entire SP areaas shown on the Phase 1 TM. Project EIR Hydrologist reviewed and accepted the locations.Applicant's Engineer's design for each neighborhood will include the basin design and calculations with the improvement plan/final map plan check submittals.City Staff - with the Phase 1 TM review.City Staff: with the review of each subsequent TMCity Staff - CC&R review with each FMComplete for Project.The runoff from these neighborhoods are served by basins shown on the TM.Future: The design conformance checks will be ongoing with the Improvement Plans for each neighborhood.Addendum has been prepared and is to be approved with Phase 1 TMThe Phase 1 TM sets forth the basin locations, sizing and calculations for the entire project site. The preliminary drainage design conforms with the MM, as confirmed in the Feb. 19, 2014 S&W letter.The Project Biologist, Mike Zander, has approved the location of the proposed basin/water quality sites for the projects, as shown on the TM in a letter dated Feb. 21, 2014.City Engineering staff: will confirm the design conformance at the time of their FM/Improvement/Grading Plan checks for each neighborhood/sub-phase, as the project progresses.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 4 of 125.A.cPacket Pg. 28Attachment: Mitigation Measure Status (3486 : TM 21-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & Timing16Step 03 - Prior to recordation of the first final map and/or final improvement plans.Lighting design as part of each improvement plan / FM processApplicant: obtain a qualified designer to design and work with the City. Will be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas. City Staff - part of the improvement plan check processW:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 5 of 125.A.cPacket Pg. 29Attachment: Mitigation Measure Status (3486 : TM 21-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & Timing26Step 03 - Prior to recordation of the first final map and/or final improvement plans.Final SWMP for Ph. 1A is being processed now.Future individual projects will prepare final SWMP's with each set of Improvement/Grading PlansApplicant as part of each individual improvement plan/FM submittalWill be part of the Improvement Plans for these neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.STEP 043Step 04 - Prior to approval of each final grading plan.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; andSweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.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; andReplant vegetation in disturbed areas as quickly as possible.Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site;Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas;Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; andLimit the area subject to excavation, grading and other construction activity at any one time.STEP 054Step 05 - 30 days prior to commencement of grading or construction activities.An application will be prepared for each neighborhood as part of it respective grading plan review.Applicant to prepare & submit an HCP application with each neighborhood grading plan.Complete for the Neighborhoods on this TM.Future Neighborhoods: Applicable during each grading plan check, before the start of grading for any respective future phase.Future applicants in the Glen Loma Ranch specific plan area shall prepare a post-construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable.Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: The following measures shall be implemented at all construction sites: Future individual projects will include these requirement in the project improvement plans.Applicant as part of each individual grading plan submittal including erosion control plan and notes addressing these items.The following measures shall be implemented at all construction sites greater than four acres in area: Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy, prior to issuance of a grading permit. The permit shall include all applicable project conditions.City Staff - reviewing as part of the improvement plan check processWill be part of the Improvement Plans for the Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.City Staff - with the review of individual grading plans.City Staff - during City construction inspectionsCity Staff: Review, comment on, and approve the application.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 6 of 125.A.cPacket Pg. 30Attachment: Mitigation Measure Status (3486 : TM 21-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 05 (CONTINUED)5Step 05 - 30 days prior to commencement of grading or construction activities.Required for each individual project/grading permit. Applicant: as part of each individual improvement plan/FM submittalApplicant: hire qualified Biologist to provide the survey within 30 days of the grading commencementWill be performed prior to the start of grading - note included on the grading plan.Future: Applicable before the start of grading for any respective future phase.6Step 05 - 30 days prior to commencement of grading or construction activities.Required for each individual project/grading permit. Applicant: as part of each individual improvement plan/FM submittalApplicant: hire qualified Biologist to provide the survey within 30 days of the grading commencementWill be performed prior to the start of grading - note included on the grading plan.Future: Applicable before the start of grading for any respective future phase.19Step 05 - 30 days prior to commencement of grading or construction activities.Future individual projects will include these requirement in the project plans.Applicant: as part of each individual improvement plan/FM submittal. Applicant: hire qualified Biologist to provide the survey within 30 days of the grading commencementWill be performed prior to the start of grading - note included on the grading plan.Future: Applicable before the start of grading for any respective future phase.STEP 0630Step 06 - Prior to approval and issuance of the first building permit in Phase I.(Being constructed by the County)This project is being implemented by the county, therefore, the project payment of its Traffic Impact Fee satisfies this implementation measure.Applicant to pay TIF fee with each unit Complete w/ TIF payment by applicant per Rick Smelser at the time that the first neighborhood was processed, and ongoing GLR TIF payments.31Step 6 - Prior to approval and issuance of the first building permit in Phase I.Prior to first building final in Phase 1.The City desires a roundabout and the traffic control of this intersection, in place of a signal.The project Development Agreement adjusted the timeing of this mitigation to be "operational prior to the issuance of the first building permit in either the Petite Sarah or the Grove Neighborhoods.Applicant submitted improvement plans in Fall 2014Anticipated construction 2015.Complete - RBT is open to traffic.32Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacation and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required.Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre-construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove/displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist.Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete.Add an eastbound and a westbound left-turn lane on the Fitzgerald and Masten approaches to the Monterey Road/Masten Avenue intersection, and change the east-west signal phasing from split phasing to protected phasing. This intersection is within the City of Gilroy’s Transportation Master Plan and therefore, impact fees are collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the project proponent, prior to issuance of the first building permit.The applicant shall design and construct a two-lane roundabout (ultimate condition) at Santa Teresa Boulevard and Miller Avenue. The City of Gilroy will reimburse the developer for the cost of all ultimate improvements of teh RAB intersection up to the budgeted amount shown in the current city traffic impact fund. The design shall be subject to review and approval of the City Engineer and approval of an encroachment permit from Santa Clara County. Construction of the roundabout is required to be completed prior to issuance of the first building permit.Not UsedCity Staff - require before the commencement of grading with each neighborhood.City Staff - require before the commencement of grading with each neighborhood.City Staff - with the review of individual Imp. Plans/FMCity Staff - during City construction inspectionsCity Staff - to collect TIF fee prior to building permit final.City with plan check review & approval, and City construction inspections.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 7 of 125.A.cPacket Pg. 31Attachment: Mitigation Measure Status (3486 : TM 21-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 06 (CONTINUED)33Step 06 - Prior to approval and issuance of the first building permit in Phase I.Preliminary geometrics for the RBT have been approved by the City Traffic Engineer.Design and plan check of the improvement plans for this improvement is underway.Applicant has submitted the improvement plans for this intersection to the City for first plan check.Collecting the GUSD Fair Share related to Las Animas Elementary School is the responsibility of the City of Gilroy. City could require of the GUSD or their buyer for The Grove neighborhood, when application is made to the City.Complete - RBT is open to traffic.STEP 0738Step 07 - Prior to approval and issuance of the first building permit occupancy in either the Wild Chestnut or Home Ranch neighborhoods in Phase 1. The City desires a roundabout and the traffic control of this intersection, in place of a signalApplicant: Submit the roundabout improvement plans with the Improvement Plans for the first neighborhood requiring it.Obtain County encroachment permit.Complete - RBT is open to traffic.STEP 0834Step 08 - Prior to approval and issuance of the first building permit occupancy in Phase II - signal only - complete, Remaining imp. Prior to occupancy in Ph. III.ROW is not purchased, and is not expected to be. Therefore, per the DA, and alternative mitigation can be persued.Applicant and City Staff to determine viable, equivelant alternatives, and to determine the improvements, costs and funding.The signal has been installed & satisfies the mitigation thru Ph. 2. As described in the Implementation Agreement, the project is proposing funding in addition to the project's TIF fees, for the City to use to fund the remainig improvement at their discretion.35Step 08 - Prior to approval and issuance of the first building permit in Phase II.Applicant is providing improvements as described in the Implementation Agreement.36Step 08 - Prior to approval and issuance of the first building permit in Phase II.Completed in the Higgins 2019 Traffic ReportCity with plan check review & approval, and City construction inspections.City Staff, working with applicant to identify the substitute improvement to replace this proposed improvement and to designate equivellant reimburseable funds in the TIFConvert the Thomas Road/Luchessa Avenue intersection to a one-lane modern roundabout. OR Signalize the Thomas Road/Luchessa Avenue intersection, add a northbound right turn lane, and add a northbound right turn overlap phasing to the signal phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit for Phase I. Note: The mitigated negative declaration for the planned elementary school within the specific plan, located on Luchessa Avenue within the Cabernet neighborhood, required implementation of this mitigation measure prior to opening the school. It was required due to unacceptable levels of services during the mid-afternoon peak hour. The mitigation measure requires the school district to pay their fair share of this improvement determined by agreement between the school district and the City of Gilroy.Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II.City Staff: Assure applicant has fullfilled the requirements for the County encroachment permit. Review/approve the roundabout improvement plans as part of the Improvement Plans for the first neighborhood requiriing it.Prepare a traffic management plan of the Miller Avenue street section southwest of the intersection with Uvas Park Drive. The project proponent shall be responsible for preparation of the plan. The plan shall be subject to review and approval by the City staff and constructed by the project, prior to issuance of the first building permit in Phase II.The applicant shall design and construct a two-lane roundabout (ultimate condition) at Santa Teresa Boulevard and Ballybunion Drive. The City of Gilroy will reimburse the developer for the cost of all ultimate improvements of teh RAB intersection up to the budgeted amount shown in the surrent city traffic impact fund.The design shall be subject to review and approval of the City Engineer and approval of an encroachment permit from Santa Clara County. Construction of the roundabout is required to be completed prior to issuance of the first building permit in the Wild Chestnut or Home Ranch neighborhoods in Phase 1.Add a northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 8 of 125.A.cPacket Pg. 32Attachment: Mitigation Measure Status (3486 : TM 21-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 0937Step 09 Prior to approval and issuance of the first building permit in Phase III.For a future TMMM is not triggered until Phase 339Step 09 - Prior to approval and issuance of the first building permit in Phase III.(The City Council requested the construction of the 10th Street Bridge in lieu of the widening of the Thomas Rd. Bridge.)MM is not triggered until Phase 340Step 09 Prior to approval and issuance of the first building permit in Phase III.Completed - this was confirmed by City Staff at the 11-06-2013 weekly meetingImprovement has been completed. Complete41Step 09 - Prior to approval and issuance of the first building permit in Phase III.(The CC requested the construction of the 10th Street Bridge in lieu of the widening of the Thomas Rd. Bridge.)This MM needs to be removed from the project City and Applicant to determine method of removing this MMMM is not triggered until Phase 34243Step 09 Prior to approval and issuance of the first building permit in Phase III.If the City does not posess the ROW when this item is required, the DA specifies that an alternative mitigation with be found.Applicant and City Staff to determine viable alternatives, and to determine the improvements, costs and funding.MM is not triggered until Phase 344Step 09 Prior to approval and issuance of the first building permit in Phase III.For a future TMMM is not triggered until Phase 3STEP 109Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project plans.Applicant to hire a qualified biologist to prepare the Habitat Restoration Plan.Habitat Restoration Plan is complete for the Project.City - to monitor when/if the first Phase III is proposed.City staff: Habitat Restoration Plan for the entire GLR project was submitted and approved with the Ph. 1 TMPlan check with gradiung permit.Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and southbound left-turn lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions. Therefore, the mitigation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed. One option would be to only add the northbound left-turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left-turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions.Convert the signal phasing at the Princevalle Street/Tenth Street intersection from permitted phasing to protected phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III.If the Thomas Road/Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours. OR If the Thomas Road/Luchessa Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III.Not UsedAdd second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure.Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure.Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally-obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on-site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on-site oak woodland at a ratio of 3:1 and replanting on-site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and/or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game.Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard/First Street intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure. City - to monitor when/if the first Phase III is proposed.City - to monitor when/if the first Phase III is proposed.Improvement has been completed.MM was replaced by CC with a requirement to construct the 10th Street Bridge. Needs to be cleaned up before the Phase II TM approval.City - to monitor when/if the first Phase III is proposed.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 9 of 125.A.cPacket Pg. 33Attachment: Mitigation Measure Status (3486 : TM 21-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & Timing14Step 10 - Prior to approval and issuance of building or grading permits.- The Open Space Management Plan is the document that regulates this type of activity. It was prepared by the Project Biologist and was submitted to the City in January 2014.- All Landscape Plans prepared as part of A&S application or building permit application shall follow the Open Space Management Plan.Applicant shall include a note on plans requiring conformance with the Habitat Management Plan, and assure that any Landscape Plans conform to its requirements.Open Space Management Plan is complete for the entire GLR Project. A note will be included in the future Imp. & Grading Plans requiring conformance with the OSMP.20Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project plans.Applicant as part of each individual improvement plan/FM submittalWill be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.21Step 10 - Prior to approval and issuance of building or grading permits.Will be part of the building permit applications for each individual projectApplicant as part of the building plans With building permits for each neighborhood.24Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project grading plans.Applicant as part of each individual grading plan submittal for each neighborhood.Will be part of the grading plan process.25Step 10 - Prior to approval and issuance of building or grading permits.An enchrochment permit from the SCVWD is required for the installation of Reclaimed Water mains.Applicant included reclaimed water pipe in the improvement plans for each neighborhood where they are to be installed.With each applicable neighborhood, the applicant will apply for and obtain a SCVWD enchroachment permit - after the City Council has approved the FM and Improvement plans.Applicant will process and obtain an encroachment permit from the SCVWD for the reclaimed water mains after City Council, if the District still desires to have the oversized pipe installed and agrees to the reimbursements for the oversizing.28Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will be included with improvement and/or grading plans.Applicant as part of each individual grading plan submittal, when applicable.Will be part of the Improvement Plans for these Neighborhoods on this TM.a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; 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.Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits.Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project improvement plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits.The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water “Best Management Practices” to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project. The project applicant shall submit plans for review by, and obtain an approved permit from the Santa Clara Valley Water District for any work that requires a permit from the water district. (SCVWD) prior to any work within 50 feet of on-site drainages, wetlands or riparian habitat.Prior to issuance of grading and/or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non-native, invasive plant species.Applicable at each future FM/IP plan check process for each Neighborhood.City Staff with review of the building permit applicationCity Staff - review the SWPPP as part of the grading package for each neighborhood.City Staff - review and process plans.City Staff - with the review Landscape plans as part of individual A&S applications for conformance with the Open Space Management Plan.City Staff - with the review of individual Imp. Plans/FMCity Staff - with the review of individual grading permit applications, when applicable.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 10 of 125.A.cPacket Pg. 34Attachment: Mitigation Measure Status (3486 : TM 21-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 10 (CONTINUED)45Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project grading plans.NOTE: Prior to the approval of the final map and final grading plans for the Wild Chestnut neighborhood, the applicant shall have a qualified archaeologist conduct a survey and delineate Archaeological Site CA-SCL-243, in the vicinity of The Glen and Canyon Creek neighborhoods north of W. Luchessa Avenue, onto the respective Phase 1 Tentative Map preliminary grading sheets. This copy of the TM grading plans with the archaeology delineation shall be marked "Exempt from the Public Records Act - Not Available for Public Review." The archaeologist shall identify further recommendations, if any, which may include but not be limited to, archaeological monitoring during earth moving activities for these neighborhoods, within a specified distance of the archaeological site. - COMPLETEDApplicant as part of each individual grading/building permit plan submittal.Applicant have Archaeologist survey and delineation completed within the vicinity of The Glen and Canyon Creek neighborhoods north of W. Luchessa Avenue.Will be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.46Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project grading/building plans.Applicant as part of each individual grading/building plan submittal.Will be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.STEP 1110Step 11 - Prior to commencement of construction activities associated with the Reservoir Canyon Creek Bridge.Required with a future phase of development Applicant to hire biologist Not Applicable to these Tracts.Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on 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 within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.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), subject to the review and approval of the City of Gilroy Planning Division: 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 (MLD) from the deceased Native American. The MLD 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: 1) the Native American Heritage Commission is unable to identify a MLD or the MLD 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.Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure there are no impacts to wetlands and associated oak/riparian woodland habitat.City Staff - with the review of individual grading permit applications, when applicable.City Staff - assure Archaeologist's information is submitted on exhibits, but not made available to the general public.City Staff - with the review of individual grading/building permit applicationsCity construction inspector(s) during constructionBiologist and City, during constructionW:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 11 of 125.A.cPacket Pg. 35Attachment: Mitigation Measure Status (3486 : TM 21-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 1250Step 12 - Prior to approval of the first occupancy permit.Required with each building permit application To be included in the building plans at the time of building permit submittalRequired with building permits.52Step 12 - Prior to approval of the first occupancy permit.Future submittal of CC&R's with individual project Improvement Plans/Final Maps CC&R's be submitted by applicant, to be confirmed with the review of each FMComplete - Included in the project CC&Rs29Not the Responsibility of The Project ProponentThis area has been improved by Caltrans Not ApplicableComplete - Improvement already completed by CaltransNo action required.Lengthen the existing southbound acceleration lane at Castro Valley Road as an auxiliary lane between Castro Valley Road and the off-ramp to Highway 25. The combined acceleration/auxiliary lane would extend the nearly 2,000 feet between Castro Valley Road and the off-ramp to Highway 25. This intersection is outside of the City of Gilroy’s Transportation Master Plan and therefore, impact fees are not collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the County of Santa Clara. Note: Mitigation Measure 29 is not the responsibility of the project proponent.Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single-family and multi-family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies. The Glen Loma Ranch Homeowner’s Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site. Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed abatement season. This language shall be included in the HOA conditions, covenants, and restrictions.Not ApplicableCity Staff - CC&R's for the project were submitted to the CityCity with the issuance of individual building permitsW:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 12 of 125.A.cPacket Pg. 36Attachment: Mitigation Measure Status (3486 : TM 21-05) Rick Shaffer Senior Vice President Lic. 00853889 CBRE, Inc. Advisory & Transaction Services Broker License. 00409987 COMMERCIAL REAL ESTATE SERVICES 225 W. Santa Clara Street 12th Floor San Jose, CA 95113 -1735 +1 408 453 74830 Tel +1 408 437 3170 Fax www.cbre.com Craig Filice Glen Loma 7888 Wren Ave, Suite D-143 Gilroy, CA 95020 Re: Potential One-Acre Commercial Site in Residential Project Craig, At you request I reviewed the viability of the one-acre commercial site proposed for the Glen Loma Ranch Residential project. After review, I find that the site is not suitable or viable for commercial/retail development for the following reasons: - Mid-block site with low traffic counts. - Difficult ingress/egress. - Lack of anchor tenants to draw customers. - Proximity to a proposed middle school would eliminate a convenience store use. Also, as you know I marketed the property at the SEC of First Street and Santa Teresa Boulevard for Imwalle Development who wanted to propose a strip center for the site. There were no interested parties for that site which is superior to the one-acre site in question. Sincerely, Rick Shaffer Senior Vice President CBRE T: (408) 453-7430 Rick.Shaffer@cbre.com 5.A.d Packet Pg. 37 Attachment: Commercial Site Viability (3486 : TM 21-05) RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 21-05, A SUBDIVISION OF A 2.88+/- ACRE SITE INTO FOUR COMPACT SINGLE-FAMILY LOTS IN THE PALOMINO II NEIGHBORHOOD; ONE PARCEL FOR A DETENTION BASIN; AND ONE PRIVATE STREET ON PROPERTY LOCATED ON CLUB DRIVE BETWEEN FRIEDRICH DRIVE AND GRENACHE WAY (APN # 808-43-003), FILED BY FILICE FAMILY ESTATE, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020. WHEREAS, Filice Family Estate submitted an application requesting a tentative map to subdivide an approximate 2.88+/- acre site into four Compact single-family lots in the Palomino II neighborhood; one parcel for a detention basin; and one private street; and WHEREAS, the subject property is located within th e Glen Loma Ranch Specific Plan area, on Club Drive between Friedrich Place and Grenache Way, commonly known as the Palomino II neighborhood; and WHEREAS, the Planning Commission of the City of Gilroy has considered the tentative map (TM 21-05), in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, said tentative map was referred to various public utility companies and City departments, including the Technical Advisory Committee for recommendations; and WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch Specific Plan; and WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement; and WHEREAS, the Planning Commission finds the tentative map conforms to the City's General Plan and elements thereof, including the “Glen Loma Ranch Specific Plan” and the “Neighborhood District Policy”; and WHEREAS, an environmental impact report (EIR) was prepared for this site as part of the review of application GPA 00-01; and WHEREAS, the California Environmental Quality Act (CEQA) Guidelines section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA, as long as the project meets the requirements of that section. Staff has determined that the proposed 5.A.e Packet Pg. 38 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 2 residential subdivision meets the requirements of section 15182, such that no additional CEQA analysis is required; and WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified EIR; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed tentative map is generally consistent with the intent of the goals and policies of the “Glen Loma Ranch Specific Plan.” 2. The proposed tentative map is generally consistent with the intent of the goals and policies of the “Neighborhood District Policy.” 3. The proposed tentative map is generally consistent with the intent of the goals and policies of the City's General Plan. 4. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 5. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity. 6. As identified in the certified EIR, all significant environmental impacts associated with buildout of the Glen Loma Ranch Specific Plan area can be reduced to a less than significant level with the implementation of adopted mitigation measures identified in the certified EIR, except for air quality. The proposed project would result in a significant, unavoidable environmental impact with regard to project emissions and consistency with the Bay Area 2000 Clean Air Plan. When adopting the specific plan in 2005, the City Council adopted a statement of overriding considerations, finding that the benefits of the project outweighed this environmental effect. WHEREAS, the Planning Commission finds that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council the approval of the tentative map, subject to the following conditions: 5.A.e Packet Pg. 39 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 3 PLANNING CONDITIONS The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S). 1. APPROVED PROJECT: The approval for tentative map TM 21-05 is granted to subdivide an approximate 2.88+/- acre site into four Compact single-family lots in the Palomino II neighborhood; one parcel for a detention basin; and one private street on Assessor Parcel No. 808-43-003, as shown on Project Plans dated as received by the Planning Division on September 13, 2021 prepared by Ruggeri- Jensen-Azar for the Glen Loma Corporation, dated August 2021, and consisting of six sheets. Build-out of the project shall conform to the plans, except as otherwise specified in these conditions. Any future adjustment or modification to the plans, including any changes made at time of improvement plan submittal, shall be considered by the Community Development Director or designee, may require separate discretionary approval, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council. 2. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy (“the City”) and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. 3. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein 4. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98. Mitigation Measures. The following MITIGATION MEASURES, which are contained 5.A.e Packet Pg. 40 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 4 within the Glen Loma Ranch Specific Plan EIR and EIR addendum, prepared pursuant to the California Environmental Quality Act, and as modified based upon changes in applicable regulations, are included as conditions of approval. 5. All EIR mitigation measures would need to be implemented prior to submittal of the parcel map submitted pursuant to this requested tentative map approval. 6. Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 3): 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; and • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: • Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and • Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity 5.A.e Packet Pg. 41 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 5 at any one time. 7. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required (corresponds to EIR Mitigation Measure 5). 8. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre-construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove/displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist (corresponds to EIR Mitigation Measure 6). 9. Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site’s drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following (corresponds to EIR Mitigation Measure 8): • Construction work shall be initiated and completed during the summer and 5.A.e Packet Pg. 42 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 6 fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on-site revegetation with locally-obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on-site at a minimum 3:1 replacement ratio. 10. Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally-obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on -site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on-site oak woodland at a ratio of 3:1 and replanting on- site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and/or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game (corresponds to EIR Mitigation Measure 9). 11. Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure there are no impacts to wetlands and associated oak/riparian woodland habitat (corresponds to EIR Mitigation Measure 10). 12. Prior to issuance of grading and/or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek (corresponds to EIR Mitigation Measure 13). 13. Prior to issuance of grading and/or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, 5.A.e Packet Pg. 43 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 7 herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non -native, invasive plant species (corresponds to EIR Mitigation Measure 14). 14. A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas (corresponds to EIR Mitigation Measure 16). 15. Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division (corresponds to EIR Mitigation Measure 17). 16. Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete (corresponds to EIR Mitigation Measure 19). 17. Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits (corresponds to EIR Mitigation Measure 20). 18. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits (corresponds to EIR Mitigation Measure 21). 19. The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water “Best Management Practices” to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source 5.A.e Packet Pg. 44 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 8 reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project (corresponds to EIR Mitigation Measure 24). 20. The project applicant shall submit plans for review by, and obtain an approved permit from, the Santa Clara Valley Water District for any work that requires a permit from the water district (corresponds to EIR Mitigation Measure 25). 21. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post- construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable (corresponds to EIR Mitigation Measure 26). 22. Prior to issuance of a grading permit for all areas within the Specific Plan area, 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 Division (corresponds to EIR Mitigation Measure 28): a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; 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. 23. Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes (corresponds to EIR Mitigation Measure 34). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II. 24. Add a northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II (corresponds to EIR Mitigation Measure 35). 5.A.e Packet Pg. 45 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 9 25. Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard/First Street intersection (corresponds to EIR Mitigation Measure 37). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 26. Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and southbound left-turn lanes (corresponds to EIR Mitigation Measure 39). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions. Therefore, the mitig ation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed. One option would be to only add the northbound left-turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left-turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions. 27. If the Thomas Road/Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours (corresponds to EIR Mitigation Measure 41). OR If the Thomas Road/Luchessa Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building 5.A.e Packet Pg. 46 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 10 permit in Phase III. 28. Add second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection (corresponds to EIR Mitigation Measure 43). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 29. Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard (corresponds to EIR Mitigation Measure 44). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 30. Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single-family and multi-family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies (corresponds to EIR Mitigation Measure 50). 31. The Glen Loma Ranch Homeowner’s Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site. Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed abatement season. This language shall be included in the HOA conditions, covenants, and restrictions (corresponds to EIR Mitigation Measure 52). The following conditions shall be addressed prior to issuance of any GRADING PERMIT or IMPROVEMENT PLAN. 5.A.e Packet Pg. 47 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 11 32. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval of this permit, as adopted by the City Council. The following conditions shall be met prior to tract acceptance. 33. ON- AND OFF-SITE IMPROVEMENTS: Prior to tract acceptance, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP, or other deadline as specified in the condition. 34. TENTATIVE MAP: The approved tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Subdivision Map Act and Gilroy City Code section 21.41 (i), if the final map is not approved prior to expiration. 35. HOMEOWNERS’ ASSOCATION: Developer shall establish Homeowners’ Associations (HOA) for the Palomino II neighborhood or annex this neighborhood into the existing Glen Loma Ranch HOA. The HOA shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the Covenants, Conditions, and Restrictions (CC&Rs) for the development. The City shall review all CC&Rs prior to recordation. 36. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition. 37. CONSTRUCTION RELATED NOISE: To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site “During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site: 5.A.e Packet Pg. 48 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 12 a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City-observed holidays; b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; c. Construct sound walls or other noise reduction measures prior to developing the project site; d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize “quiet” models of air compressors and other stationary noise sources where technology exists; and g. Designate a “disturbance coordinator’ who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem.” 38. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction- related impacts to air quality, Developer shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) and shall include the following language on any grading, site work, and construction plans issued for the project site “During earth-moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site: a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered; c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the 5.A.e Packet Pg. 49 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 13 California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator; and h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.” 39. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the Developer will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following: a. Contractor employees working on-site will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training; b. Contractor will stockpile soil during development activities to allow for proper characterization and evaluation of disposal options; c. Contractor will monitor area around construction site for fugitive vapor emissions with appropriate filed screening instrumentation; d. Contractor will water/mist soil as it is being excavated and loaded onto transportation trucks; e. Contractor will place any stockpiled soil in areas shielded from prevailing winds; and f. Contractor will cover the bottom of excavated areas with sheeting when work is not being performed. 40. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50’ of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the f ind is determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards. 41. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental discovery of archaeological resources during grading or construction 5.A.e Packet Pg. 50 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 14 activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site: “If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer’s expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party.” 42. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans: “If human remains are found during earth-moving, grading, or construction activities, 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 (MLD) from the deceased Native American. The MLD 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 MLD or the MLD 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.” ENGINEERING CONDITIONS 5.A.e Packet Pg. 51 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 15 43. GENERAL - At first improvement plan submittal, utility sheets shall show appropriate line types and labels to identify different type of utilities and pipe sizes. Clearly identify both public and private utilities. 44. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval. 45. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy General Guidelines. A complete set of improvement plans shall consist of Civil site design, landscape site design, Electrical, Joint Trench. 46. GENERAL - Improvement plan cover sheet shall include a table summarizing all facilities (Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities, and the maintenance responsibilities of all facilities. 47. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. A copy of these permits will be provided prior to building permits for that phase/tract. 48. GENERAL – Improvement plans are required for both on-site and off-site improvements. 49. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage 50. GENERAL - All existing public utilities shall be protected in place and if necessary, relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy. 51. GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City. 5.A.e Packet Pg. 52 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 16 52. GENERAL - All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer. 53. GENERAL - Prior to issuance of any building permits, developer shall submit for City approval water, sewer and storm drain studies for the development. These studies shall provide supporting hydraulic calculation for pipe sizing per City standard design guideline. 54. GENERAL - At first improvement plan submittal, developer’s engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria. 55. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Latest City impact fee schedule is available on the City’s website. Payment of development impact fees will be required for each unit prior to permit issuance and shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. 56. FEE - Prior to plan approval, developer shall submit a detailed project cost estimate by the project engineer, subject to City Engineer approval. Cost estimate shall be broken out into on-site and off-site improvements. 57. FEE - Prior to Parcel map approval, Developer shall pay 100% of the plan check and processing fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds each for 100% of the cost for improvements with the City that shall secure the construction of the improvements. Insurance shall be provided per the terms of the agreement. 58. GRADING & DRAINAGE - All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. 5.A.e Packet Pg. 53 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 17 This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be added to the grading plans prior to plan approval. 59. GRADING & DRAINAGE - Prior to building permit issuance, the applicant’s Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with their recommendations and the peer review comments. The applicant’s Geotechnical engineer’s approval shall then be conveyed to the City either by letter or by signing the plans. 60. GRADING & DRAINAGE - At first improvement plan submittal, the developer shall submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities, and the study shall include all off-site tributary areas. Study and the design shall be in compliance with the City’s Stormwater Management Guidance Manual (latest edition). Existing offsite drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be altered by the development. 61. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor. 62. GRADING & DRAINAGE - Improvement and grading plans shall show existing topo and features at least 50’ beyond the project boundary. Clearly show existing topo, label contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances. 5.A.e Packet Pg. 54 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 18 63. GRADING & DRAINAGE – Geotechnical Engineer to confirm infiltration rates by conducting Double Ring Infiltrometer Testing with appropriate safety factors of all stormwater detention and/or retention facilities. 64. PUBLIC IMPROVEMENTS – Prior to Parcel Map approval, developer shall execute a property improvement agreement and post Payment and Performance bonds each for 100% of cost for improvement with the City that shall secure the construction of the public improvements. Insurance shall be provided per the terms of the agreement. 65. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing damaged improvements not designated for removal and all new improvements that are damaged or removed because of developer's operations. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 66. CONSTRUCTION - Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s Valley Water’s municipal industrial rate. 67. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 68. CONSTRUCTION - The City shall be notified at least ten (10) 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. 69. CONSTRUCTION - Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 70. CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 5.A.e Packet Pg. 55 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 19 71. CONSTRUCTION - 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. 72. CONSTRUCTION - It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. 73. CONSTRUCTION - At least one week prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 74. CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer. 75. TRANSPORTATION - Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right of way. 76. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. PROJECT SPECIFIC ENGINEERING CONDITIONS OF APPROVAL 77. FEE – The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The following are 5.A.e Packet Pg. 56 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 20 approximate impact fees based on planning phase inf ormation for a Residential - High Density project. Actual fees will be based on Final Design information. i. Street Tree Development =$273 ii. Storm Development = $2,630 iii. Sewer Development = $27,868 iv. Water Development = $7,156 v. Traffic Impact = $40,964 vi. Public Facilities = $73,896 Latest City impact fee schedule is available on the City’s website. Payment of Impact Fees are required at each unit building permit issuance. Fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. 78. GENERAL - No building permits shall be issued until the Parcel Map is recorded. 79. GENERAL - The approved construction schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to GUSD to share with school parents. 80. GENERAL - A current Title Report dated within the last six months, shall be submitted with the first submittal improvement plans. An existing site plan shall be submitted showing all existing site conditions and title report easements. Include bearings and distances for all Right of Way and Easements on the plans. 81. GENERAL - The Developer shall provide a “composite plan” showing Civil, Landscape, Electrical, and Joint Trench design information (as a separate sheet titled “Composite Plan”) to confirm that there are no conflicts. 82. GENERAL - At first submittal, developer shall provide a Geotechnical report that includes pavement section recommendations for all public and private street pavement sections. 83. GRADING & DRAINAGE - All grading operations and soil compaction activities shall be per the approved project’s design level geote chnical report. All grading activities shall be conducted under the observation of, and tested by, a 5.A.e Packet Pg. 57 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 21 licensed geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all grading activities were performed in conformance with the requirements of the project’s geotechnical report. The developer shall add this condition to the general notes on the grading plan 84. PUBLIC IMPROVEMENTS – All work in the public right of way, or for public use, shall require an encroachment permit issued by Public Works, and shall be contained in one set. Plans are to be submitted to Public Works for review and approval. 85. PUBLIC IMPROVEMENTS – Offsite improvement plans shall be completed per the Public Works Engineering Checklist found in the Public Works, Engineering, portion of the City’s website. Partial submittals shall not be accepted. Applicant shall make a pre-submittal appointment with the Public Work Land Development Section, to review that all submittal applica tions items are complete. 86. PUBLIC IMPROVEMENTS – Prior to Final Map Approval, the developer shall obtain design approval and bond for all necessary improvements. All improvements must be built to the city Engineer’s satisfaction prior to issuance of the last certificate of occupancy. 87. PUBLIC IMPROVEMENTS – At first plan submittal, provide all sight distance exhibits showing adequate sight distance. 88. PUBLIC IMPROVEMENTS - The developer shall microsurface Grenache Way and Club drive along project frontage prior to project acceptance. 89. CONSTRUCTION - All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. 90. CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils engineer to daily submit all testing and sampling and reports to the City Engineer. 5.A.e Packet Pg. 58 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 22 91. CONSTRUCTION – Prior to Parcel Map approval, the Developer/Applicant shall submit a proposed construction phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft Prospect, and shall identify the scheduled critical path for the installation of improvements. The schedule shall be updated weekly. 92. CONSTRUCTION - Grading operations between October 15 and April 15 will require a winterized grading and erosion control plan to be submitted to the Department of Public Works for approval. Grading activities will not be allowed unless the winterized grading permit is approved by Public Works. The plan sha ll include (at a minimum) the following items: • Specify the work to be conducted during the winter months with estimated number of working days to complete activity and the type of equipment to be used. • Provide a general schedule of the proposed work activities with a written narrative/description of work that includes the procedures for completing said work. • Show how the entire site will be protected “Winterized” from sediment erosion and transport and show how all exposed soil will be managed. • Show temporary sediment basins to be used for collecting stormwater. Sediment basins shall be sized appropriately and calculations shall be provided as part of the plan submittal. • Provide details of the temporary sediment basin’s erosions control measures such as sediment berms, Hydroseeding, and bank stabilization. • On a single plan sheet, show the entire site at an appropriate scale sufficient to make grading information legible with the location of temporary sediment basins, overland flow arrows indicating flow to the temporary sediment basins, and indicate the discharge locations. 93. CONSTRUCTION PARKING - No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 94. TRANSPORTATION – At first plan submittal, developer shall submit on-site and off-site photometric plans. 95. TRANSPORTATION - At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and 5.A.e Packet Pg. 59 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 23 modeled with AutoTurn swept analysis software, all turning and street circulation movements. 96. TRANSPORTATION – Applicant shall obtain a letter from Recology confirming serviceability and site accessibility of solid waste pickup, Contact Lisa Patton, Operations Manager 408-846-4421. Include Recology letter with first building permit submittal. 97. TRANSPORTATION - Developer shall design driveway grades to keep a standard design vehicle from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. 98. UTILITIES – All new services to the development shall be "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted to the City prior to installation. 99. UTILITIES - The following items will need to be completed prior to first building permit submittal: 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. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. 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 Engineering Division and the utility companies. c. Will Serve Letter” from each utility company for the subdivision shall be supplied to the City. 5.A.e Packet Pg. 60 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 24 100. UTILITIES - A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. The Joint consultant shall provide the City a separate “project utility composite plan” showing all Civil, Landscape, electrical, and joint trench information to confirm that there are no conflicts with joint trench plan utilities. 101. UTILITIES – Storm and sewer lines in private streets shall be privately owned and maintained. This should be noted on the title sheet of the project improvement plan. 102. UTILITIES - Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer signed original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved improvement plans. 103. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 104. UTILITIES - The Developer shall perform Fire Hydrant test to confirm water system will adequately serve the development and will modify any part of the systems that does not perform to the standards established by the City. Developer shall coordinate with Fire Department for the Fire Hydrant test. 105. UTILITIES - The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. 106. UTILTIES - All new mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. 107. UTILITIES - Developer shall provide separate irrigation meter to serve this development’s common area landscaping. 5.A.e Packet Pg. 61 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 25 108. UTILITIES - Water lines and related facilities within the proposed subdivision will be publicly owned and maintained. 109. WATER QUALITY - Proposed development shall comply with state mandated regional permits for both pre-construction and post-construction stormwater quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following: a. At first improvement plan submittal, project shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11 report format), to include background, summary, and explanation of all aspects of stormwater management. Report shall also include exhibits, tables, calculations, and all technical information supporting facts, including but not limited to, exhibit of the proposed site conditions which clearly delineates impervious and pervious areas on site. Provide a separate hatch or shading for landscaping/pervious areas on-site including those areas that are not bioretention areas. This stormwater control plan report format does not replace or is not in lieu of any stormwater control plan sheet in improvement plans. b. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. At developer’s sole expense, the stormwater control plan shall be submitted for review by an independent third party accepted by the City for compliance. Result of the peer review shall be included with the submittal for City evaluation. d. Prior to plan approval, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City, including Exhibit A and Exhibit B. i. The City shall record this agreement against the property or properties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger 5.A.e Packet Pg. 62 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 26 to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. e. Stormwater BMP Operations and Maintenance Agreement shall include inspections to be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a certified third party QSP or QSD. ii. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of stormwater facilities inspected; 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site re-inspection. f. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. g. Before commencing any grading or construction activities, the developer shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board. 110. WATER QUALITY - The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such 5.A.e Packet Pg. 63 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 27 measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order. 111. WATER QUALITY - The developer shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The developers QSD or QSP shall provide the City weekly inspection reports. 112. WATER QUALITY – Sequence of construction for all Post Construction Required facilities (PCR’s) / stormwater facilities (bioswales, detention/retention basins, drain rock, etc.) shall be done as a final phase of construction to prevent silting of facilities and reduce the intended use of the facilities. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate. A maximum of 9 percolation tests shall be completed. 113. STORMWATER – All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50% safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. 114. STORMWATER – This project may be subject to an audit by the Central Coast Regional Board. City may be required to provide the project stormwater design and storm water management plan for Regional Board review and comment. The project may need to provide the Regional Board any and all necessary documents (including reports, technical data, plans, etc.) for the Regional Board approval. 115. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan. 116. LANDSAPING – The proposed landscaping along the project public street frontages are maintained by project HOA. Developer shall submit a separate exhibit showing all the HOA maintained landscape areas for Glen Loma Ranch that are within the public right-of-way. 5.A.e Packet Pg. 64 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 28 117. MASTER PLANS - Confirm the project is in compliance with the City’s Utility Master Plans. Project utility calculations and reports shall identify conformance to the City's adopted Utility Master Plans. 118. PROJECT ACCEPTANCE – At first improvement plan submittal, plans must show current topographic survey including current improvements along all adjacent public and private streets. 119. PROJECT ACCEPTANCE – Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. 120. PROJECT ACCEPTANCE – Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan 121. PROJECT ACCEPTANCE – Prior to project acceptance, developer shall submit for review and approval all of the items identified in the Public Works Department “Development Project Closeout” list. 122. PARCEL MAP - All parcel maps shall designate all common lots as lettered lots. The Parcel map should be clear on the limits of Public vs. Private (HOA) designations. 123. PARCEL MAP - Prior to Parcel map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private ut ilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. 5.A.e Packet Pg. 65 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 29 124. PARCEL MAP –The Parcel Map shall be presented to the City Council for review and action. The City Council meeting will be scheduled approximately fifty (50) days after the Final Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by the City. Developer shall dedicate necessary right of way and public easements for the project development. 125. Prior to Parcel Map Approval, the developer shall enter into a landscape maintenance agreement with the City for all related landscape and trails within the limits of the Glen Loma Ranch Specific Plan. This Agreement shall also include any landscape, road, and trail easements related Santa Teresa Blvd. A detailed map of all areas covered shall be approved by the City Engineer and the County of Santa Clara. 126. GRADING & DRAINAGE – All cut and fill slopes along public right of way shall be 3:1 or flatter. 127. GRADING & DRAINAGE – Final grading shall achieve minimum 10’ from basin to the top of slope of any permanent structure (Fence, sidewalks, etc.) 128. GRADING & DRAINAGE – Maintain 2’ flat area adjacent to the back of walk, and 3:1 slope from top of basin to the flat area along the sidewalk at Club Drive and Grenache Way frontage. 129. GRADING & DRAINAGE – At final design, the basin shall have an all-weather surface (minimum 10’ wide) around the basin for year-round maintenance. 130. LANDSCAPING – The final landscaping design shall screen the basin from all sides and views from the public right of way. This may require multiple rows of landscaping. PASSED AND ADOPTED this 2nd day of December 2021 by the following roll call vote: AYES: 5.A.e Packet Pg. 66 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Resolution No. 2021-XX Page 30 NOES: ABSENT: ATTEST: APPROVED: _______________________ ______________________________ Karen Garner, Secretary Tom Fischer, Chairperson 5.A.e Packet Pg. 67 Attachment: TM 21-05 Draft Resolution of Approval 2021-XX (3486 : TM 21-05) Karen L. Garner DIRECTOR Community Development Department 7351 Rosanna Street, Gilroy, California 95020-61197 Telephone: (408) 846-0451 Fax (408) 846-0429 http://www.cityofgilroy.org DATE: December 2, 2021 TO: Planning Commission FROM: Melissa Durkin, Planner II SUBJECT: Tentative Map application to subdivide approximately 41.4 acres for build-out of the Canyon Creek, Rocky Knoll and Malvasia II neighborhoods of the Glen Loma Ranch Specific Plan. Applicant Tim Filice representing the Glen Loma Group/Filice Family Estate. (TM 20-05). RECOMMENDATION: Staff has analyzed the proposed project and recommends that the Planning Commission adopt a resolution recommending that the City Council approve Tentative Map TM 20-05, subject to certain findings and conditions. BACKGROUND: Request: Tentative Map application TM 20-05 (#20090053) requests subdivision of approximately 41.4+/- acres for build-out of the Canyon Creek, Rocky Knoll and Malvasia II neighborhoods of the Glen Loma Ranch Sp ecific Plan area. The subject site is located northeast of Santa Teresa Boulevard, south and southwest of West Luchessa Avenue. The site comprises APN # 808-18-032 and 808-58-005. The requested map proposes to create 40 Compact single-family lots in the Canyon Creek neighborhood; six lots for the creation of 41 townhouse units in the Rocky Knoll neighborhood; and nine lots for the creation of 42 townhouse units in the Malvasia II neighborhood, for a total of 55 residential lots and 123 residential units. This subdivision would also create one public open space parcel for the construction of the Santa Teresa trail; one public trail easement for the Rocky Knoll Trail; 18 private open space parcels that will be maintained by the homeowners’ association; and associated public and private streets. This request is for mapping purposes only; details of the individual development of these lots are not a part of this proposal. Future build -out of these lots will be in accordance with the specific plan. Application filed by Tim Filice representing the Glen Loma Group/Filice Family Estate, 7888 Wren Avenue, Suite D143, Gilroy, CA 95020. Subject Property and Surrounding Land Uses: The subject site is presently 5.B Packet Pg. 68 2 undeveloped. The following table identifies the existing land uses and General Plan and zoning designations of the project site and surrounding properties. LOCATION EXISTING LAND USE GENERAL PLAN ZONING Project Site Undeveloped Canyon Creek, Rocky Knoll and Malvasia II Neighborhoods Neighborhood District (ND)/Glen Loma Ranch Specific Plan Neighborhood District/Planned Development (ND-PD) [GLR Specific Plan] North Open Space, Montonico, Nebbiolo, Malvasia I, and The Glen Neighborhoods Neighborhood District (ND)/GLR Specific Plan ND-PD [GLR Specific Plan] South Santa Teresa Boulevard and Eagle Ridge Development Hillside Residential Single-Family Residential- Residential Hillside (R1- RH)/PD East Malvasia I and Town Center Neighborhoods Neighborhood District (ND)/GLR Specific Plan ND-PD/GL Specific Plan West Montonico neighborhood and Santa Teresa Boulevard and Eagle Ridge Development Hillside Residential Single-Family Residential- Residential Hillside (R1- RH)/PD Environmental Assessment: On November 7, 2005, the City Council certified the Glen Loma Ranch Specific Plan Environmental Impact Report (EIR) with 52 mitigation measures and adopted the Glen Loma Ranch Specific Plan. The California Environmental Quality Act (CEQA) Guidelines section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA if the project meets the requirements of that section. Staff has determined that the proposed subdivision meets the requirements of section 15182, and therefore, no additional CEQA analysis is required. This map will create the remaining neighborhoods in the Specific Plan area and is located in the third and final phase of development. Several EIR mitigation measures have not yet been completed. All outstanding mitigation measures will be required to be completed prior to the first final map submitted pursuant to this requested tentative map approval. Future Architectural and Site Reviews: In accordance with the Glen Loma Ranch Development Agreement, architectural and site review permits for projects within Glen Loma Ranch, including the Canyon Creek, Rocky Knoll and Malvasia II neighborhoods, would be approved by the planning manager at staff level, provided the plans are 5.B Packet Pg. 69 3 consistent with specific plan requirements. ANALYSIS: General Plan Consistency: The City's General Plan designates the subject site as Neighborhood District/Glen Loma Ranch Specific Plan, which supports the proposed project request. The proposal conforms to the goals and policies of the General Plan, as discussed below: POLICY # TITLE AND SUMMARY ANALYSIS LU 1.1 Pattern of Development. Ensure orderly, contiguous development pattern; prioritize infill development; phase new development; encourage compactness and efficiency; preserve surrounding open space and agricultural resources; and avoid incompatible land uses. The Canyon Creek, Rocky Knoll and Malvasia II subdivision follows the development pattern envisioned by the Glen Loma Ranch Specific Plan. This subdivision is located south of the Montonico, Nebbiolo, Malvasia I, and The Glen Neighborhoods, which have approved final maps. This Canyon Creek, Rocky Knoll and Malvasia II subdivision is one of the final subdivisions in the Glen Loma Ranch Specific Plan area. Development of Canyon Creek, Rocky Knoll and Malvasia II will utilize infrastructure currently in place or under construction to support the Specific Plan as a whole. In addition, this phase of development will require completion of the Glen Loma Ranch Specific Plan EIR mitigation measures, which will ensure needed infrastructure is in place to support this development. With implementation of the remaining mitigation measures, the proposed map is consistent with this policy. LU 2.6 Glen Loma Ranch. Maintain and implement the Glen Loma Ranch Specific Plan to guide development in the area and ensure the new neighborhoods provide a complementary mix of housing, retail, services, The Canyon Creek, Rocky Knoll and Malvasia II subdivision has been designed in accordance with the adopted Glen Loma Ranch Specific Plan. The proposed neighborhoods provide a complementary mix of housing types, public facilities and open space. The proposed map is consistent with this policy. 5.B Packet Pg. 70 4 POLICY # TITLE AND SUMMARY ANALYSIS public facilities, and open space. LU 3.2 Connectivity. Encourage new residential development to incorporate design features that promote walking and connectivity between blocks. The Canyon Creek, Rocky Knoll and Malvasia II subdivision tentative map includes construction of the Rocky Knoll trail and a portion of the Santa Teresa trail. The map design also incorporates connectivity between neighborhoods. The proposed map is consistent with this policy. LU 3.11 Noise Mitigation Design. Promote the use of techniques less visually intrusive than sound walls, including but not limited to site design techniques. The Canyon Creek, Rocky Knoll and Malvasia II subdivision utilizes building design and placement to minimize the use of sound walls. No sound walls will be constructed along Santa Teresa Boulevard as part of this project. Only the eight lots directly abutting Luchessa Avenue would need sound walls. The proposed map is consistent with this policy. M 1.9, M 3.4 Interconnected Residential Streets. Encourage street patterns that provide direct access between neighborhoods for automobiles, pedestrians, and bicycles and connections to nearby neighborhood commercial services. Bicycle and pedestrian Path Network. Develop and maintain a network of paths along linear parks, public easements, drainages, and other open space areas to accommodate bicycle and pedestrian traffic. The Specific Plan overall provides compact, mixed-use development and a series of trails to encourage bicycle and pedestrian use. Transit opportunities will be provided throughout the Specific plan area. Tentative Map application TM 20-05 will advance the specific plan’s bicycle and pedestrian goals by developing the portion of the Santa Teresa Boulevard trail that abuts its boundary and constructing the Rocky Knoll trail. These trail improvements, along with the trails constructed with the other Specific Plan neighborhoods, will provide pedestrian and bicycle access between neighborhoods and to the future commercial and recreational areas within the Specific Plan area. The proposed map is consistent with this policy. 5.B Packet Pg. 71 5 Neighborhood District Policy Consistency: This property is located within the Glen Loma Ranch Specific Plan Neighborhood District area, which was planned in compliance with General Plan Neighborhood District policies. The resolution approving the Glen Loma Ranch Specific Plan found that the design of the Plan was consistent with General Plan Neighborhood District policies (City Council Resolution 2005-82). The following Specific Plan components support that determination. A) Density Requirements: The “Neighborhood District Policy” [The Policy] sets minimum, but not maximum, density standards, and provides incentives for projects to achieve a higher “Target” density of approximately 8 units per acre [The Policy section 8.1]. The Glen Loma Ranch Specific Plan addressed The Policy’s density requirements by setting requirements for minimum and maximum densities in each neighborhood; establishing a range of product types that could be developed within each neigh borhood; and by requiring a mix of lot sizes and housing types within larger neighborhoods [Glen Loma Ranch Specific Plan section 4]. While individual neighborhoods within the Specific Plan area may not meet minimum or target densities, the Specific Plan overall has been designed to meet these densities. B) Affordable Housing Requirements: The Policy requires that each Neighborhood District development construct a minimum of fifteen percent (15%) of its units at affordable prices. The adopted Development Agreement and Specific Plan set forth the specific considerations related to affordable housing and senior housing within the Glen Loma Ranch Specific Plan area. In accordance with the Development Agreement, 15.1 percent (15.1%) of the units constructed will be sold or rented at affordable levels, resulting in a maximum of 256 affordable units within this Specific Plan area. This number is comprised of seventy-five (75) unrestricted “Senior” units (29.3%), that are intended to be affordable by design (i.e. smaller units constructed at a higher density); seventy-five (75) “affordable Senior” units (29.3%) that will be affordable in accordance with adopted City policies; and 106 multi-family units (41.4%) that will be affordable in accordance with adopted City policies. These units may be either sold or rented. That number of affordable units is required if the developer achieves the maximum Specific Plan build out of 1,693 units; if fewer units are constructed, the number of affordable units required will be reduced accordingly, while maintaining the 15.1 percent affordability ratio. To meet the affordable housing requirements, Glen Loma Ranch has entitled, and is in the process of constructing, the following units: Neighborhood Type No. of Units % of Total Town Center Affordable Senior Affordable Apartments 62 31% Town Center Affordable Multi-Family Affordable 94 46% 5.B Packet Pg. 72 6 Apartments Town Center Multi- Family Senior Unrestricted Townhouse Units 46 23% Total Affordable Units 202 100% So far, Glen Loma Ranch has entitled 1,078 units. The Canyon Creek, Rocky Knoll, and Malvasia II tentative map (TM 20-05) proposes an additional 123 units. If TM 20-05 is approved, the Glen Loma Ranch will have entitled 1,201 units. The 15.1% affordable housing requirement for these units would equate to 181 units. Glen Loma Ranch has met the affordable housing requirements for the units entitled so far. Staff anticipates a total of 1,275 units in the portion of the Specific Plan that the Glen Loma Group controls. This would equate to a requirement for 193 affordable units. Based on this unit count, The Glen Loma Group has satisfied its affordable housing requirement for the portion of the Specific Plan under its control. The Gilroy Unified School District owns two other properties within the Specific Plan area: the Cabernet Neighborhood, which has been developed with Las Animas Elementary School, and the Olive Grove neighborhood. If either of these neighborhoods develops with residential units, the future developer may need to develop affordable housing units to ensure the Specific Plan area meets the 15.1% affordability requirement. C) Neighborhood Open Space: The Policy requires open space to meet the needs of residents in the neighborhood district area. Specifically, this policy requires “minimum standards for recreational areas and [. . .] a focal point recreational area in each neighborhood.” This issue is discussed in the “Open Space” section of this staff report. Staff believes the Glen Loma Ranch Specific Plan will provide exceptional recreational and open space amenities for residents as well as the community at large. D) Housing Diversity: The Policy states, “Neighborhood District master and specific plans shall mix housing of different densities together, inte grating them throughout the Neighborhood District.” The Glen Loma Ranch Specific Plan meets this requirement by including the following housing types: compact and traditional single-family lots, zipper lots, and multi-family attached units. These housing types have been dispersed throughout the Specific Plan area. Within the current tentative map, the Canyon Creek neighborhood consists of single-family homes, and the Rocky Knoll and Malvasia II neighborhoods contain multi-family townhouse units. By complying with the requirements of the Glen Loma Ranch Specific Plan, the Canyon Creek, Rocky Knoll and Malvasia II neighborhoods comply with The Policy. 5.B Packet Pg. 73 7 Santa Clara Valley Habitat Plan Consistency: The Glen Loma Group has obtained a habitat plan permit for this project (HP 19-03). Conformance with Glen Loma Ranch Specific Plan Development Standards and Guidelines: The proposed development is in the Glen Loma Ranch Specific Plan area. In accordance with the Gilroy City Code, the proposed subdivision may be approved with a tentative map. Staff will review and approve the future architectural and site review applications separate from this proposed subdivision, in accordance with the Development Agreement. The following applicable development standards have been considered for the proposed project. Applicable Glen Loma Ranch Specific Plan Standards STANDARD REQUIRED PROPOSED CONFORMS? LUS-1 Each Neighborhood within the Specific Plan shall observe the setbacks to natural features established within the Specific Plan and project Mitigation Measures The Malvasia II subdivision is surrounded by developed or developing land. However, the Canyon Creek and Rocky Knoll subdivisions are largely surrounded by preserved natural open space and other open space. Lot setbacks to the open space areas and the creation of a fuel transition zone were established during development of the Specific Plan. These areas are indicated on Specific Plan Figure 25. The lots within this subdivision have been designed in accordance with this plan. Yes LUS-2 The Neighborhoods within the Specific Plan shall provide visual as well as physical access to the natural features being preserved and enhanced subject to environmental consideration where The Canyon Creek and Rocky Knoll subdivisions preserve the view of the preserved open space areas via buffers and subdivision design. The Rocky Knoll trail and Santa Teresa trail will provide access to the open space areas. Yes 5.B Packet Pg. 74 8 STANDARD REQUIRED PROPOSED CONFORMS? appropriate LUS-11 Streets, and/or trails shall link schools, parks, commercial areas, and residential Neighborhoods to ensure pedestrian access. The Specific Plan has been designed with a system of streets and trails that connect the schools, parks, commercial area and neighborhoods within the Specific Plan area. The proposed tentative map implements this aspect of the specific plan by constructing streets that will connect to the master planned street system, as well as constructing the segment of Santa Teresa trail abutting the site and the Rocky Knoll trail. Yes TCMF/ OSS-2 Provide pedestrian paths to connect parking, open space and recreational facilities. The project has been designed with sidewalks that connect parking, open space and recreational facilities. In addition, the project will construct a segment of the Santa Teresa trail and the Rocky Knoll trail. Yes TRS-2 The route and destination points of the various trail segments will be conceptually set through the adoption of the Glen Loma Ranch Specific Plan. Future Neighborhoods that develop adjacent to the trail segments shall respect the trail alignments as adopted. A segment of the Santa Teresa trail abuts this subdivision. This trail segment and the Rocky Knoll trail will be constructed as part of this project. The subdivision has been designed to accommodate construction of both trails as envisioned by the Specific Plan. Yes TRS-4 Trail segments will be constructed by A segment of the Santa Teresa trail abuts this Yes 5.B Packet Pg. 75 9 STANDARD REQUIRED PROPOSED CONFORMS? individual projects adjacent to the trails. The completed trail segments and an area equivalent to the width of future multi-use trails will be built to city standards and dedicated to the City of Gilroy. subdivision. This trail segment and the Rocky Knoll trail will be constructed as part of this project. FPS-1 The size of each Focal Point shall be at least 4,500 square feet in size. Each neighborhood provides a focal point area exceeding 4,500 square feet. Yes NLS-1 Neighborhoods that lie adjacent to Santa Teresa Boulevard shall provide a fifty- foot (50’) buffer for acoustical and aesthetic considerations. The Malvasia II and Rocky Knoll neighborhoods are located adjacent to Santa Teresa Boulevard and will be visible from that roadway. The developer has designed both neighborhoods with townhouse units fronting on Santa Teresa Boulevard. This design eliminates the need for soundwalls along this frontage. The closest residential unit is located a minimum of 50 feet from the Santa Teresa Boulevard future face-of- curb. Yes NLS-6 Neighborhoods that lie adjacent to Santa Teresa Boulevard are encouraged to feature higher density residential product types so the buildings provide noise shielding in lieu of soundwalls. The Malvasia II and Rocky Knoll neighborhoods are located adjacent to Santa Teresa Boulevard. Both neighborhoods will be developed with multi- family housing. The design of these neighborhoods will eliminate the need for Yes 5.B Packet Pg. 76 10 STANDARD REQUIRED PROPOSED CONFORMS? soundwalls. Applicable Glen Loma Ranch Specific Plan Guidelines STANDARD REQUIRED PROPOSED CONFORMS? VAG-1 Through streets are preferred, but loop streets are permitted to form interconnecting grid patterns. This subdivision proposes a combination of through and looped streets that connect to surrounding through streets within the Specific Plan area. Yes NLG-2 In cases where sound walls are used, the following measures should be used: • Breaks and openings shall be incorporated in the design of the sound walls. • Locate sound walls behind berms and/ or landscaping to screen them from Santa Teresa Boulevard. The applicant has designed the subdivision to minimize soundwalls. Only short sections of streets will require soundwalls, such that no breaks are needed. Instead, the soundwalls will be screened with landscaping. Yes Staff Analysis for Tentative Map (TM 20-05): The subject property would create three neighborhoods within the Glen Loma Ranch Specific Plan area: the Canyon Creek (40 lots); the Rocky Knoll (six lots for 41 townhouse units); and the Malvasia II neighborhoods (nine lots for 42 townhouse units). The proposed tentative map would also create parcels for open space areas, as well as public and private streets. In accordance with Section 21.41(i) of the Gilroy City Code, initial approval of a tentative map is valid for twenty-four (24) months. Such approval may only be extended at the Council’s discretion. a) Site Layout and Lot Sizes: TM 20-05 proposes to subdivide land located in the central portion of the specific plan area, northeast of Santa Teresa Boulevard, and south and southwest of West Luchessa Avenue. This subdivision is bordered to the north by open space and the Nebbiolo, Malvasia I, and The Glen Neighborhoods; to the south by Santa Teresa Boulevard and 5.B Packet Pg. 77 11 the Eagle Ridge development; to the east by the Town Center and Malvasia I neighborhoods; and to the west by the Montonico neighborhood and Santa Teresa Boulevard and the Eagle Ridge development (see attachment 2 for reduced plans). The following chart summarizes the proposed parcels and land uses: Land Use Acreage Lot(s) Public Open Space Lots and trail easements (Santa Teresa trail and Rocky Knoll trail) 0.3 A1 Private Open Space Lots 29.21 B1-B18 Residential Lots 6.79 1-55 Public Streets 0.81 n/a Private Streets 4.26 n/a Total 41.37 Canyon Creek Neighborhood: The Canyon Creek neighborhood is located between W. Luchessa Avenue and Santa Teresa Boulevard. Canyon Creek is northeast of the rocky knoll area and adjacent to Reservoir Canyon Creek. A portion of the Rocky Knoll trail (a hiking and bicycle trail) running adjacent to Reservoir Canyon Creek will be developed with this neighborhood. The Canyon Creek neighborhood consists of 40 single-family Compact lots, at a density of 10.26+/- DU/net acre. [Compact Lots are described in the Specific Plan in Section 7, page 24.] Lots in this neighborhood range in size from 3,520+/- to 7,200+/- square feet and will be served by private streets [Vinador Place, Fortino Court, Bellini Court] with 40 on-street parking spaces. [Note: all on-street parking discussed in this tentative map analysis is in addition to parking in garages and driveways.] Eight homes in this neighborhood will back onto West Luchessa Avenue, necessitating a 6-foot high sound wall on that street. [Note: an acoustical analysis prepared for this Specific Plan has determined that soundwalls with a height of six feet are adequate to meet General Plan noise standards. Therefore, all soundwalls discussed in this tentative map analysis will be six feet high.] All lots within this neighborhood will front on private streets; 15 lots will be accessed by private driveways off Fortino Court. Sixteen lots in this neighborhood will side or back onto private preserved open space areas. These include lots 3, 4, 9, 10, 15; 16 through 24; 35 and 36. See related discussion concerning homes backing onto open space in the “Open 5.B Packet Pg. 78 12 Space” section of this report (Section D). Lots backing onto preserved open space areas will provide open view fencing to the open space area, in accordance with the adopted Specific Plan. The neighborhood includes a 0.12+/- -acre private open space area to be developed as a neighborhood focal point (parcel B11). As with all neighborhoods included in this tentative map, the neighborhood focal point design will be considered as part of the architectural and site review application. Rocky Knoll Neighborhood: The Rocky Knoll neighborhood is adjacent to Santa Teresa Boulevard. Like the Canyon Creek neighborhood, the Rocky knoll neighborhood is adjacent to the rocky knoll area and adjacent to Reservoir Canyon Creek. A portion of the Rocky Knoll trail will be developed with this neighborhood. Access to the Rocky Knoll neighborhood will be provided by an extension of Merlot Drive (Merlot Court). All six residential lots in the Rocky Knoll neighborhood will be developed with townhouse units (41 units). All units will be oriented toward adjacent streets or the rocky knoll open space area. This design will minimize the visibility of parking areas, as well as eliminate the need for sound walls. The neighborhood includes a 1.7+/- -acre private open space areas to be developed as a neighborhood focal point. Malvasia II: The Malvasia II neighborhood is located at the southeast corner of West Luchessa Avenue and Santa Teresa Boulevard. It is bordered by streets on three side and an open space area on the fourth side. The Malvasia II neighborhood will receive access from Merlot Drive, via Luchessa Avenue. All nine residential lots in the Malvasia II neighborhood will be developed with townhouse units (42 units). All units will be oriented toward adjacent streets. This design will minimize the visibility of parking areas, as well as eliminate the need for sound walls. The Malvasia neighborhood includes a 0.4+/- -acre private open space areas to be developed as a neighborhood focal point. b) Density: The densities of the neighborhoods proposed in this phase of the Glen Loma Ranch Specific Plan are shown in the chart below. Neighborhood Total Units Net Area (acres) Net Density (DU/Acre) Canyon Creek 40 3.9 10.26+/- Rocky Knoll 41 1.39 29.5+/- Malvasia II 42 1.5 28+/- 5.B Packet Pg. 79 13 Totals: 123 6.79 18.11 (average) c) Circulation: The Glen Loma Ranch Specific Plan includes a circulation system composed of arterial, collector and local roads connecting to Santa Teresa Boulevard, Miller Avenue, Tenth Street, and West Luchessa Avenue. The Specific Plan also includes a well-developed system of bicycle and pedestrian trails that provide connectivity throughout the Specific Plan area and to adjacent residential neighborhoods, Christmas Hill Park, and the Uvas Creek Park Preserve. Opportunities for transit are also included within the plan area. Private streets within the Canyon Creek, Rocky Knoll and Malvasia II subdivision comply with city of Gilroy private street standards in terms of lane width, sidewalk width, and parking stall width; all private streets will be maintained by the homeowners’ association. The names of the new private streets have been approved in accordance with the Development Agreement. Access to the Canyon Creek, Rocky Knoll and Malvasia II subdivision will be provided by West Luchessa Avenue, Merlot Drive, Vinador Place, Vintner Street and Fortino Court. d) Open Space: In addition to the specific plan-wide open space and focal point areas discussed above, the Malvasia II and Rocky Knoll neighborhoods will develop the portions of the Class I (paved) Santa Teresa trail that abuts the properties. The entire Rocky Knoll trail will also be constructed with the Rocky Knoll and Canyon Creek neighborhoods, connecting the Santa Teresa trail to West Luchessa Avenue. Trail/Open Space Interfaces: City general plan policies discourage homes backing onto open space areas because homes block the view of the open space and prevent it from being monitored. In addition, recreational use of open space areas can be a nuisance to residents who want to peacefully enjoy their rear yards. However, in consideration of the fact that approximately 25 percent of the Glen Loma Ranch Specific Plan area will be maintained as permanent preserved open space with corresponding limitations on the project’s ability to construct housing surrounding the open space, the city agreed to permit the Glen Loma Ranch Specific Plan to design homes backing onto open space areas. These homes are required to construct open fencing to allow property owners to monitor the open space areas. Portions of the Canyon Creek neighborhood back onto open space. Those homes backing onto open space will be required to construct open fencing. Some townhomes in the Rocky Knoll and Canyon Creek subdivisions will face the Santa Teresa and Rocky Knoll trails. Because the homes will face the trails, there would be no need for fencing at these interfaces. 5.B Packet Pg. 80 14 Open Space Buffers/Fuel Transition Zones: Specific plan policy POSS-5 requires open space buffers around preserved open space areas. These buffers, which act as fuel transition zones (FTZ), are areas of mowed, native vegetation and are specified in Specific plan figure 26. The buffers/FTZs shown on the proposed tentative map comply with Specific Plan requirements. Open Space Maintenance: All open space within the three neighborhoods, the Santa Teresa trail, and the Rocky Knoll trail will be maintained by the homeowners’ association. e) Stormwater Treatment Basins: The tentative map shows two detention basins: one on parcel B4 and one on parcel B18. The basins are designed to provide stormwater detention and stormwater treatment for the proposed development. The treatment basins will be constructed as part of project improvements. f) On and Off-Site Improvements: The following on-site improvements would be developed as part of this tentative map approval: West Luchessa Avenue along the property boundary; Santa Teresa Trail and associated landscaping; and Rocky Knoll trail and associated landscaping. The following off-site improvements would be developed as part of this tentative map approval: completion of outstanding mitigation measures discussed above. g) Property Dedications and Easements: The developer will dedicate trail land to the city for the Santa Teresa trail improvements and easements; the public right-of-way along West Luchessa Avenue; and land required for public services easements. FINDINGS: As discussed and analyzed above, the following findings can be made in support of the tentative map request: i) The proposed Tentative Map is generally consistent with the intent of the goals and policies of the Glen Loma Ranch Specific Plan. ii) The proposed Tentative Map is consistent with the intent of the goals and policies of the City's General Plan. iii) The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. iv) Public utilities and infrastructure improvements needed to serve the proposed project are in close proximity. v) There will be no significant environmental impacts resulting from this project due to the required mitigation measures to be applied. As such, staff supports a recommendation of approval by the Planning Commission with the recommended conditions included in the proposed resolution. Gilroy Unified School District (GUSD): Project plans were routed to the GUSD for 5.B Packet Pg. 81 15 review and comments. Gilroy Unified School District staff has provided the following information about this site: a) The Glen Loma Ranch development is served by the following schools: Las Animas Elementary, Ascension Solorsano Middle School, and Gilroy High School. The District might construct an additional elementary school within the Glen Loma Ranch Specific Plan area in the future, if warranted. b) District staff expects approximately 66 students to be generated from this project and has determined that the schools serving the Glen Loma Ranch development have adequate capacity to serve the students generated by the new homes. Technical Advisory Committee (TAC): Project plans were routed to Engineering, Building, Police, and Fire representatives for internal review and comment. The TAC considered the project on October 1, 2020, February 25, 2021 and May 20, 2021. Recommendations of the TAC members have been incorporated into the project plans and/or are included as recommended conditions in attached resolution(s). Pursuant to Section 21.41(a), the Tentative Map was distributed for consideration by various departments and utility agencies. Standard comments received are incorporated in the recommended conditions of approval. Bicycle Pedestrian Committee (BPC): On March 23, 2021, the applicant gave a presentation on the Glen Loma Ranch Specific Plan and the Canyon Creek, Rocky Knoll and Malvasia II subdivision to the BPC. The presentation had a special focus on completion of the Santa Teresa trail between Ballybunion and West 10 th street; completion of W. Luchessa Avenue from Miller Avenue to Santa Teresa Boulevard at Ballybunion with class II bike lanes; and construction of the Rocky Knoll trail. Noticing: Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated by First American Title Company using current ownership data. On November 19, 2021, notices of this Planning Commission meeting were mailed to the property owners along with other interested parties. The noticed was published in the Gilroy Dispatch on November 19, 2021. In addition, the property has been posted with on-site signage notifying passersby of pending development, and the Planning Commission public hearing packets are available through the City's webpage. Appeal Procedure: The Planning Commission's action is not final, but rather a recommendation. As such, the matter will be considered by the City Council at a later date. Attachments: 1. TM 20 05 Location Map 2. Mitigation Measure Status 3. TM 20-05 Plans 4. TM 2005_Reso_2021-XX 5.B Packet Pg. 82 City of Gilroy TM 20-05, Canyon Creek, Rocky Knoll and Malvasia II Location Map Date:August 19, 2021Drawn By:8,000 Checked By:1:Sheet:Scale: 5.B.a Packet Pg. 83 Attachment: TM 20 05 Location Map (3485 : TM 20-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021STEP 011Step 01 - Prior to approval of the first tentative map.Prepared by Nuvis (project Landscape Architect) Applicant Responsibility Complete for ProjectA buffer along the entire length of the boulevard, in varying identified widths depending upon topography and views into the site; Santa Teresa Boulevard Landscape Plan Submitted 2/20/2013 to the City of GilroyLandscaping along Santa Teresa Boulevard to enhance and blend into the natural landscape and screen, to the greatest extent feasible, views of structures including berm/sound wall combinations; Design options for entry features consistent with General Plan policy 1.10;Design options for berm/sound wall combinations and signs; and Class I Santa Teresa Multi-Use Regional Trail.12Step 01 - Prior to approval of the first tentative map. (Rocky Knoll area is not part of the Phase 1 TM)Open Space Management Plan was prepared by Zander & Associates, the project biologist.Open Space Management Plan submitted Jan. 8, 2014 to the City of Gilroy.Note: CC&R's were submitted by the applicant as part of the first Final Map will reference this document.Complete for Project47Step 01 - Prior to approval of the first tentative map.Provided with the Phase 1 TM Submittal Applicant: submitted with the Phase 1 TM Complete for Project48Step 01 - Prior to approval of the first tentative map.Provided with the Phase 1 TM Submittal Applicant: submitted with the Phase 1 TM Complete for Project49Step 01 - Prior to approval of the first tentative map.A plan was developed at a meeting with the Fire Chief, Community Development Director and the Fire Marshal on Dec. 18, 2013.Applicant submitted a letter dated Dec. 19, 2013 documenting the plan.Complete for Project51Step 01 - Prior to approval of the first tentative map.This report was prepared by the consultant and reviewed/commented on several times by the Fire Marshall. Applicant: submitted this previously reviewed report with the Phase 1 TMComplete for ProjectPrior to the approval of the first tentative map, the project proponent shall prepare a Santa Teresa Boulevard Landscaped Buffer Plan to include, but not be limited to, the following components: The preserved serpentine rocky grassland on site shall be actively managed to reduce indirect impacts resulting from public use. This may include ranch-style wood fencing surrounding the knoll to protect the area from off-road vehicle use. Additionally, a short trail system could be installed to direct public access with interpretive signs at trailheads to educate the public on the uniqueness of the serpentine grassland community. The project proponent of any future development on the project site shall include habitat management measures in future project plans, subject to review and approval of the City of Gilroy Planning Prior to approval of the first tentative map, the applicant shall provide written verification and mapping of the approximate 17 percent of the project site previously used for non-dryland crop use (e.g., wine grapes, tomatoes, cucumbers, strawberries). Prior to approval of the first tentative map, the project proponent shall prepare a program for monitoring the need for development of the new fire station. The monitoring program shall be consistent with the requirements of the development agreement between the project proponent and the City of Gilroy and is subject to review by the City Fire Marshal.Prior to approval of the first tentative map, the project proponent shall have an “urban wildland interface planner” prepare a report to address the vegetation in the Preserved Open Space and evaluate fuel management and modification. The report shall be based on fuel modeling and fire behavior for the existing vegetation. As each neighborhood adjacent to the Preserved Open Space is developed, the recommendations of the report shall be implemented by the developer in the adjacent Preserved Open Space. The required width of the Fuel Transition Zones shall also be at least the width as recommended in the report. Prior to approval of tentative maps, use permits, or architectural review applications of neighborhoods identified as part of mapping required in Mitigation Measure #47, the developer shall have a Phase I Environmental Site Assessment prepared. Based on the findings of the Phase I Environmental Site Assessment, clean up and disposal of such contamination, if present, shall be in compliance with federal, state and local regulations governing the clean-up and disposal of hazardous waste.Monitoring Responsibility, Method & TimingCity Planning StaffCity Staff - part of the Phase 1 TM reviewCity Staff - part of the Phase 1 TM reviewCity Staff - review/revision/acceptance of the implementation steps to be presented in the Dec. 18, 2013 meeting.City Staff - part of the Phase 1 TM reviewCity of Gilroy W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 1 of 125.B.bPacket Pg. 84Attachment: Mitigation Measure Status (3485 : TM 20-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 027Step 02 - Prior to approval of the each tentative map or use permit.Project Biologist: Letters dated 10-11-2013, Feb. 18, 2014 & Feb. 21, 2014 note and accept buffers, anticipated encroachments and the proposed crossings for the entire project.Mr. Zander personally walked the site in April 2, 2013, and placed colored pin flag designating the type of open space/required setback. The pin flags were field surveyed and the setbacks were accordingly established for the project.Complete.Setbacks were established for the entire GLR project with the Ph. 1 Tentative MapNeighborhoods with TM's that are confirmed to conform with the setbacks established on the Ph. 1 TM.: Mataro, Petite Sirah, Vista Bella, Home Ranch, Wild Chestnut, Montonico, Palomino, McCutchen, The Grove, and LuchessaThe remaining TM's/Site Applications have been reviewed for conformance as they are submitted.8Step 02 - Prior to approval of the each tentative map or use permit.There is no filling of drainage corridors with Phase 1 TMApplicant to obtain HCP permits prior to grading permit issuance for future phase that disturb such features.HCP in place now. Applicant is preparing the application now.Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th.A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on-site revegetation with locally-obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on-site at a minimum 3:1 replacement ratio.13Step 02 - Prior to approval of each tentative map or use permit.To be a note on each TM stating that these requirements will be included on the project grading plans.Applicant - put note on TMs & include in the errosion control plans that accompany the final grading plan.Applicant - include erosion control plans with each grading plan set.Is part of the grading & improvements plans submitted with each neighborhood in GLRPending for future TM's/Site ApplicationsThe Phase 1 TM Master Plan Sheets shows the expected open-bottom culvert crossings that will be with future TM's. Prior to approval of each individual tentative map or use permit, subject to the review of the Gilroy Planning Division the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek.Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to include adequate buffer areas to protect wetlands, waters of the U.S., oak/riparian woodland, and other open space areas to be preserved in the specific plans area (coastal scrub areas, mixed cultivated woodland, and rocky serpentine grassland areas), subject to review and approval of the City of Gilroy Planning Division. Project plans shall indicate that no development is to occur within 100 feet of a defined creek bank or edge of riparian corridor. Project plans shall indicate that no development is to occur within 50 feet of other open space areas; however, this setback may be reduced due to site constraints or to accomplish specific project goals subject to review and approval of the City of Gilroy Planning Division, but shall in no event be less than 30 feet. Wherever possible, buffer areas shall be planted with locally-obtained native grasses, shrubs and woodland understory species.Project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site’s drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following:A comprehensive 404 (b) permit with the Army Corp of Engineers that covers all disturbances within the Glen Loma Ranch Specific Plan area has been issued by the Corps for signature. The RWQCB permit for all of GLR has been issued.HCP application for the disturbance in this these neighborhood has been approved.City Staff - require submittal Biologist's letter as part of the Phase 1 TM review. City Staff: review future TM's for conformance with the buffers, etc. establish on the Phase 1 TM for the entire project.City Staff - None with Phase 1 TMHCPApplication reviewProject Biologist: 10-11-2013 letter notes and accepts the proposed crossings. Also, biologist's letters dated Feb. 18, 2014 & Feb. 21, 2014.City Staff - To review with each subsequent TM and corresponding grading/building permits. Also, confirm that the payment of the HCP fee is in lieu of a 3:1 replacement.City Staff - part of each TM review to confirm a note requiring such in on each TM.City Staff - to confirm the requirements, or their equivalent, are part of the project errosion control plan accompanying each submittal for a grading permit.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 2 of 125.B.bPacket Pg. 85Attachment: Mitigation Measure Status (3485 : TM 20-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 02 (CONTINUED)15Step 02 - Prior to approval of each tentative map or use permit.No wetlands are expected to be disturbed within the project.The Phase 1 TM Master Plan Sheets shows the expected crossings that will be with future TM's. The developed area for the Phase 1 does not disturb such features.None with Phase 1.Note on future TM when a disturbance is anticipated.Applicant to obtain permits prior to grading permit issuance for future phase that disturb such features.The Wetland Delineation with the US Army Corp is complete for the entire GLR Specific Plan is complete.A comprehensive 404 (b) permit with the Army Corp of Engineers that covers all disturbances within the Glen Loma Ranch Specific Plan area has been issued by the Corps for signature. The RWQCB permit for all of GLR has been issued.17Step 02 - Prior to approval of each tentative map or use permit.To be a note on each TM stating that these requirements will be included on the landscaping plan prior to approval of the respective FM.Include this detail on each set of landscaping plans that include trails.Applicant: Note on each TM that includes a public-accessed trail.Applicant: include detail on each landscaping plan that includes trails.Note is included on the GLR TM'sPending for future TM's/Site Applications in applicable neighborhoods.18Step 02 - Prior to approval of each tentative map or use permit.The trees within or adjacent to potential disturbance areas were tagged and field located by land surveying methods.The Arborist has the trees in the field and reviewed the grading area for the entire specific plan area. The resulting arborist report identifies the trees to be removed. The report identifies the "significant" trees and establish the replacement requirements.Applicant: Arborist report and recommendations are complete for the entire specific plan area.Applicant: engage the Arborist during grading operations to assure the recommendations are followed and replanting is completed properly.Complete for Project. Future: Assure compliance with future TM's/Site Applications and for grading plan submittals with future neighborhoods.22Step 02 - Prior to approval of each tentative map or use permit.Only affect the Phase1A TM.Was provided with the Phase 1 TM SubmittalApplicant: has obtained a qualified Geotechnical consultant to investigate and prepare a reportComplete for Project. Project developers shall have a fault investigation performed for each tentative map or site plan approval within the fault rupture zone to determine if there is an active fault located within the fault rupture zone. The investigation shall determine, but not be limited to, the location of the fault (if any), and the anticipated severity of seismic activity of the fault. A copy of the report shall be presented to the City of Gilroy and the County of Santa Clara Planning Office. Project developers shall use the findings of the report for structural design or avoidance of the potential hazard. The fault investigations shall be subject to the review and approval by the City Engineering Division, prior to the approval of tentative maps and/or architectural and site plan approval. Prior to approval of a tentative map for each phase of the proposed project requiring removal or alteration to potential wetlands and/or waters of the U.S., a wetland delineation shall be prepared according to U.S. Army Corps of Engineers guidelines. The actual acreage of impacts to waters of the U.S. and wetlands shall be determined based on project plans for each development project and the wetland delineation for each development phase. The project proponent shall obtain all necessary permits and/or approvals from the U.S. Army Corps of Engineers and shall retain a restoration specialist to prepare a detailed wetland mitigation plan, if necessary, subject to review and approval by the U.S. Army Corps of Engineers and the City of Gilroy Planning Division. The plan shall include, but not be limited to, creation of wetlands on site to mitigate for unavoidable impacts to waters of the U.S. and wetlands resulting from development activities.Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division.Prior to tentative map or use permit approval of areas that contain any significant tree(s), a field survey shall be conducted by a certified arborist to determine the number and location of each significant tree to be removed, the type and approximate size of each significant tree, and the reason for removal. These findings shall be included in a written report that contains specifications for replacing significant trees to be removed.City Staff - None with Phase 1.HCP Application reviewCity Staff - To review with each subsequent TM and corresponding grading/building permits. Confirm that the payment of the HCP fee prior to grading for each phase.City Staff - confirm note on each TM.City Staff - assure compliance on each set of landscaping plans that include trails.City Staff - confirm the arborists report for the entire specific plan area, which was submitted with the Phase 1 TM review.City Staff - confirm that each grading plan/site permit application conforms with the arborist report and that the replacement trees are planted as recommended.City Staff - with the Phase 1 TM review.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 3 of 125.B.bPacket Pg. 86Attachment: Mitigation Measure Status (3485 : TM 20-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 02 (CONTINUED)23a. The pond(s) should be located to collect the storm water runoff from the project site and discharge to either McCutchin or Reservoir Creeks. the existing drainage corridors and/or existing outfalls that are tributary to Uvas Creek. b. Any discharge from the pond(s) should release a maximum of storm water runoff for pre-project conditions (see tables 18 and 19 in the Draft EIR).c. The pond(s) should be sized a total of approximately 8.9 acre-feet to provide for appropriate storm water quantities and filter pollutants for the purpose of water quality.d. The pond(s) shall not replace any proposed preserved open space at the project site, that was assumed to provide as the preserved open space provides flood control and water quality benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003).27Step 02 - Prior to approval of each tentative map or use permit.Study for Montonico was prepared by Illingworth & RodkinApplicant: has obtained a qualified Accoustical consultant who prepared the report for Phase 1 TM.Complete for these neighborhoodsSTEP 0311Step 03 - Prior to recordation of the first final map and/or final improvement plans.Future submittal of CC&R's with individual project Improvement Plans/Final Maps CC&R's have been submitted by applicant, to be confirmed with the review of each FMThe CC&R's are complete for the entire GLR project. These neighborhoods will become part of the association.Future: each neighborhood to be included in the GLR HOA as it develops.Prior to recordation of the first final map within the Glen Loma Ranch Specific Plan area, the project proponent shall ensure that a suitable ownership structure (i.e., homeowner's association or similar mechanism) is established prior to occupancy to take long-term responsibility for maintaining and funding the ongoing management of any open space, woodland, vegetated riparian, or other habitat conservation easements on site. The homeowner's association, or other suitable mechanism, shall be structured so that it is responsible for enforcing habitat protection and maintenance measure to protect onsite biological resources. The homeowner's association any assess fines to property owners who are non-compliant with these measures. Fines assessed by the homeowner's association shall be used for on-site habitat protection, maintenance, and restoration, as necessary. Any noncompliance shall be reported to the City of Gilroy Planning Division and California Department of Fish and Game by the homeowners association.Future developers adjacent to Santa Teresa Boulevard, and along internal project arterials, shall prepare a noise impact assessment, by a noise consultant acceptable to the City, to determine if the project would be significantly affected by general plan buildout traffic volumes. If the noise impact assessment concludes that the project would not meet the noise standards of the general plan, the project shall be redesigned to be consistent with the general plan noise element policy 26.03 and 26.05, and with the noise standards in the Guidelines for Sound Attenuation and Visual Preservation of the Santa Teresa Boulevard Corridor Policy. The noise attenuation feature shall be no higher than seven feet above the existing grade at the property line. The appropriate height of the noise attenuation feature shall be incorporated into applicable tentative maps prior to their approval. Noise attenuation features shall be landscaped and primarily consist of earthen berms, and an appropriate funding mechanism for maintenance shall be identified.The specific plan shall be revised to Each tentative map shall include a detention pond or ponds to collect storm water in the case of 2-, 10-, 25-, and 100-year peak storm events. Detention ponds shall be designed according to the recommendations presented in the Hydrologic Analysis (Schaaf & Wheeler 2005) and should include, but not be limited to the following:Step 02 - Prior to approval of each tentative map or use permit.This mitigations was updated in the Addendum to the GLR EIR prepared in March 2014.Addendum prepared for approval with the Phase 1 TMApplicant's Engineer - submitted the basin locations, sizing and accompanying calculations for the entire SP area with the Phase 1 TM. The Project Biologist has accepted the basin locations for the entire SP areaas shown on the Phase 1 TM. Project EIR Hydrologist reviewed and accepted the locations.Applicant's Engineer's design for each neighborhood will include the basin design and calculations with the improvement plan/final map plan check submittals.City Staff - with the Phase 1 TM review.City Staff: with the review of each subsequent TMCity Staff - CC&R review with each FMComplete for Project.The runoff from these neighborhoods are served by basins shown on the TM.Future: The design conformance checks will be ongoing with the Improvement Plans for each neighborhood.Addendum has been prepared and is to be approved with Phase 1 TMThe Phase 1 TM sets forth the basin locations, sizing and calculations for the entire project site. The preliminary drainage design conforms with the MM, as confirmed in the Feb. 19, 2014 S&W letter.The Project Biologist, Mike Zander, has approved the location of the proposed basin/water quality sites for the projects, as shown on the TM in a letter dated Feb. 21, 2014.City Engineering staff: will confirm the design conformance at the time of their FM/Improvement/Grading Plan checks for each neighborhood/sub-phase, as the project progresses.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 4 of 125.B.bPacket Pg. 87Attachment: Mitigation Measure Status (3485 : TM 20-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & Timing16Step 03 - Prior to recordation of the first final map and/or final improvement plans.Lighting design as part of each improvement plan / FM processApplicant: obtain a qualified designer to design and work with the City. Will be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas. City Staff - part of the improvement plan check processW:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 5 of 125.B.bPacket Pg. 88Attachment: Mitigation Measure Status (3485 : TM 20-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & Timing26Step 03 - Prior to recordation of the first final map and/or final improvement plans.Final SWMP for Ph. 1A is being processed now.Future individual projects will prepare final SWMP's with each set of Improvement/Grading PlansApplicant as part of each individual improvement plan/FM submittalWill be part of the Improvement Plans for these neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.STEP 043Step 04 - Prior to approval of each final grading plan.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; andSweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.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; andReplant vegetation in disturbed areas as quickly as possible.Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site;Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas;Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; andLimit the area subject to excavation, grading and other construction activity at any one time.STEP 054Step 05 - 30 days prior to commencement of grading or construction activities.An application will be prepared for each neighborhood as part of it respective grading plan review.Applicant to prepare & submit an HCP application with each neighborhood grading plan.Complete for the Neighborhoods on this TM.Future Neighborhoods: Applicable during each grading plan check, before the start of grading for any respective future phase.Future applicants in the Glen Loma Ranch specific plan area shall prepare a post-construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable.Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: The following measures shall be implemented at all construction sites: Future individual projects will include these requirement in the project improvement plans.Applicant as part of each individual grading plan submittal including erosion control plan and notes addressing these items.The following measures shall be implemented at all construction sites greater than four acres in area: Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy, prior to issuance of a grading permit. The permit shall include all applicable project conditions.City Staff - reviewing as part of the improvement plan check processWill be part of the Improvement Plans for the Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.City Staff - with the review of individual grading plans.City Staff - during City construction inspectionsCity Staff: Review, comment on, and approve the application.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 6 of 125.B.bPacket Pg. 89Attachment: Mitigation Measure Status (3485 : TM 20-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 05 (CONTINUED)5Step 05 - 30 days prior to commencement of grading or construction activities.Required for each individual project/grading permit. Applicant: as part of each individual improvement plan/FM submittalApplicant: hire qualified Biologist to provide the survey within 30 days of the grading commencementWill be performed prior to the start of grading - note included on the grading plan.Future: Applicable before the start of grading for any respective future phase.6Step 05 - 30 days prior to commencement of grading or construction activities.Required for each individual project/grading permit. Applicant: as part of each individual improvement plan/FM submittalApplicant: hire qualified Biologist to provide the survey within 30 days of the grading commencementWill be performed prior to the start of grading - note included on the grading plan.Future: Applicable before the start of grading for any respective future phase.19Step 05 - 30 days prior to commencement of grading or construction activities.Future individual projects will include these requirement in the project plans.Applicant: as part of each individual improvement plan/FM submittal. Applicant: hire qualified Biologist to provide the survey within 30 days of the grading commencementWill be performed prior to the start of grading - note included on the grading plan.Future: Applicable before the start of grading for any respective future phase.STEP 0630Step 06 - Prior to approval and issuance of the first building permit in Phase I.(Being constructed by the County)This project is being implemented by the county, therefore, the project payment of its Traffic Impact Fee satisfies this implementation measure.Applicant to pay TIF fee with each unit Complete w/ TIF payment by applicant per Rick Smelser at the time that the first neighborhood was processed, and ongoing GLR TIF payments.31Step 6 - Prior to approval and issuance of the first building permit in Phase I.Prior to first building final in Phase 1.The City desires a roundabout and the traffic control of this intersection, in place of a signal.The project Development Agreement adjusted the timeing of this mitigation to be "operational prior to the issuance of the first building permit in either the Petite Sarah or the Grove Neighborhoods.Applicant submitted improvement plans in Fall 2014Anticipated construction 2015.Complete - RBT is open to traffic.32Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacation and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required.Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre-construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove/displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist.Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete.Add an eastbound and a westbound left-turn lane on the Fitzgerald and Masten approaches to the Monterey Road/Masten Avenue intersection, and change the east-west signal phasing from split phasing to protected phasing. This intersection is within the City of Gilroy’s Transportation Master Plan and therefore, impact fees are collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the project proponent, prior to issuance of the first building permit.The applicant shall design and construct a two-lane roundabout (ultimate condition) at Santa Teresa Boulevard and Miller Avenue. The City of Gilroy will reimburse the developer for the cost of all ultimate improvements of teh RAB intersection up to the budgeted amount shown in the current city traffic impact fund. The design shall be subject to review and approval of the City Engineer and approval of an encroachment permit from Santa Clara County. Construction of the roundabout is required to be completed prior to issuance of the first building permit.Not UsedCity Staff - require before the commencement of grading with each neighborhood.City Staff - require before the commencement of grading with each neighborhood.City Staff - with the review of individual Imp. Plans/FMCity Staff - during City construction inspectionsCity Staff - to collect TIF fee prior to building permit final.City with plan check review & approval, and City construction inspections.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 7 of 125.B.bPacket Pg. 90Attachment: Mitigation Measure Status (3485 : TM 20-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 06 (CONTINUED)33Step 06 - Prior to approval and issuance of the first building permit in Phase I.Preliminary geometrics for the RBT have been approved by the City Traffic Engineer.Design and plan check of the improvement plans for this improvement is underway.Applicant has submitted the improvement plans for this intersection to the City for first plan check.Collecting the GUSD Fair Share related to Las Animas Elementary School is the responsibility of the City of Gilroy. City could require of the GUSD or their buyer for The Grove neighborhood, when application is made to the City.Complete - RBT is open to traffic.STEP 0738Step 07 - Prior to approval and issuance of the first building permit occupancy in either the Wild Chestnut or Home Ranch neighborhoods in Phase 1. The City desires a roundabout and the traffic control of this intersection, in place of a signalApplicant: Submit the roundabout improvement plans with the Improvement Plans for the first neighborhood requiring it.Obtain County encroachment permit.Complete - RBT is open to traffic.STEP 0834Step 08 - Prior to approval and issuance of the first building permit occupancy in Phase II - signal only - complete, Remaining imp. Prior to occupancy in Ph. III.ROW is not purchased, and is not expected to be. Therefore, per the DA, and alternative mitigation can be persued.Applicant and City Staff to determine viable, equivelant alternatives, and to determine the improvements, costs and funding.The signal has been installed & satisfies the mitigation thru Ph. 2. As described in the Implementation Agreement, the project is proposing funding in addition to the project's TIF fees, for the City to use to fund the remainig improvement at their discretion.35Step 08 - Prior to approval and issuance of the first building permit in Phase II.Applicant is providing improvements as described in the Implementation Agreement.36Step 08 - Prior to approval and issuance of the first building permit in Phase II.Completed in the Higgins 2019 Traffic ReportCity with plan check review & approval, and City construction inspections.City Staff, working with applicant to identify the substitute improvement to replace this proposed improvement and to designate equivellant reimburseable funds in the TIFConvert the Thomas Road/Luchessa Avenue intersection to a one-lane modern roundabout. OR Signalize the Thomas Road/Luchessa Avenue intersection, add a northbound right turn lane, and add a northbound right turn overlap phasing to the signal phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit for Phase I. Note: The mitigated negative declaration for the planned elementary school within the specific plan, located on Luchessa Avenue within the Cabernet neighborhood, required implementation of this mitigation measure prior to opening the school. It was required due to unacceptable levels of services during the mid-afternoon peak hour. The mitigation measure requires the school district to pay their fair share of this improvement determined by agreement between the school district and the City of Gilroy.Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II.City Staff: Assure applicant has fullfilled the requirements for the County encroachment permit. Review/approve the roundabout improvement plans as part of the Improvement Plans for the first neighborhood requiriing it.Prepare a traffic management plan of the Miller Avenue street section southwest of the intersection with Uvas Park Drive. The project proponent shall be responsible for preparation of the plan. The plan shall be subject to review and approval by the City staff and constructed by the project, prior to issuance of the first building permit in Phase II.The applicant shall design and construct a two-lane roundabout (ultimate condition) at Santa Teresa Boulevard and Ballybunion Drive. The City of Gilroy will reimburse the developer for the cost of all ultimate improvements of teh RAB intersection up to the budgeted amount shown in the surrent city traffic impact fund.The design shall be subject to review and approval of the City Engineer and approval of an encroachment permit from Santa Clara County. Construction of the roundabout is required to be completed prior to issuance of the first building permit in the Wild Chestnut or Home Ranch neighborhoods in Phase 1.Add a northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 8 of 125.B.bPacket Pg. 91Attachment: Mitigation Measure Status (3485 : TM 20-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 0937Step 09 Prior to approval and issuance of the first building permit in Phase III.For a future TMMM is not triggered until Phase 339Step 09 - Prior to approval and issuance of the first building permit in Phase III.(The City Council requested the construction of the 10th Street Bridge in lieu of the widening of the Thomas Rd. Bridge.)MM is not triggered until Phase 340Step 09 Prior to approval and issuance of the first building permit in Phase III.Completed - this was confirmed by City Staff at the 11-06-2013 weekly meetingImprovement has been completed. Complete41Step 09 - Prior to approval and issuance of the first building permit in Phase III.(The CC requested the construction of the 10th Street Bridge in lieu of the widening of the Thomas Rd. Bridge.)This MM needs to be removed from the project City and Applicant to determine method of removing this MMMM is not triggered until Phase 34243Step 09 Prior to approval and issuance of the first building permit in Phase III.If the City does not posess the ROW when this item is required, the DA specifies that an alternative mitigation with be found.Applicant and City Staff to determine viable alternatives, and to determine the improvements, costs and funding.MM is not triggered until Phase 344Step 09 Prior to approval and issuance of the first building permit in Phase III.For a future TMMM is not triggered until Phase 3STEP 109Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project plans.Applicant to hire a qualified biologist to prepare the Habitat Restoration Plan.Habitat Restoration Plan is complete for the Project.City - to monitor when/if the first Phase III is proposed.City staff: Habitat Restoration Plan for the entire GLR project was submitted and approved with the Ph. 1 TMPlan check with gradiung permit.Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and southbound left-turn lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions. Therefore, the mitigation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed. One option would be to only add the northbound left-turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left-turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions.Convert the signal phasing at the Princevalle Street/Tenth Street intersection from permitted phasing to protected phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III.If the Thomas Road/Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours. OR If the Thomas Road/Luchessa Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III.Not UsedAdd second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure.Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure.Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally-obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on-site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on-site oak woodland at a ratio of 3:1 and replanting on-site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and/or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game.Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard/First Street intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure. City - to monitor when/if the first Phase III is proposed.City - to monitor when/if the first Phase III is proposed.Improvement has been completed.MM was replaced by CC with a requirement to construct the 10th Street Bridge. Needs to be cleaned up before the Phase II TM approval.City - to monitor when/if the first Phase III is proposed.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 9 of 125.B.bPacket Pg. 92Attachment: Mitigation Measure Status (3485 : TM 20-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & Timing14Step 10 - Prior to approval and issuance of building or grading permits.- The Open Space Management Plan is the document that regulates this type of activity. It was prepared by the Project Biologist and was submitted to the City in January 2014.- All Landscape Plans prepared as part of A&S application or building permit application shall follow the Open Space Management Plan.Applicant shall include a note on plans requiring conformance with the Habitat Management Plan, and assure that any Landscape Plans conform to its requirements.Open Space Management Plan is complete for the entire GLR Project. A note will be included in the future Imp. & Grading Plans requiring conformance with the OSMP.20Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project plans.Applicant as part of each individual improvement plan/FM submittalWill be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.21Step 10 - Prior to approval and issuance of building or grading permits.Will be part of the building permit applications for each individual projectApplicant as part of the building plans With building permits for each neighborhood.24Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project grading plans.Applicant as part of each individual grading plan submittal for each neighborhood.Will be part of the grading plan process.25Step 10 - Prior to approval and issuance of building or grading permits.An enchrochment permit from the SCVWD is required for the installation of Reclaimed Water mains.Applicant included reclaimed water pipe in the improvement plans for each neighborhood where they are to be installed.With each applicable neighborhood, the applicant will apply for and obtain a SCVWD enchroachment permit - after the City Council has approved the FM and Improvement plans.Applicant will process and obtain an encroachment permit from the SCVWD for the reclaimed water mains after City Council, if the District still desires to have the oversized pipe installed and agrees to the reimbursements for the oversizing.28Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will be included with improvement and/or grading plans.Applicant as part of each individual grading plan submittal, when applicable.Will be part of the Improvement Plans for these Neighborhoods on this TM.a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; 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.Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits.Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project improvement plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits.The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water “Best Management Practices” to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project. The project applicant shall submit plans for review by, and obtain an approved permit from the Santa Clara Valley Water District for any work that requires a permit from the water district. (SCVWD) prior to any work within 50 feet of on-site drainages, wetlands or riparian habitat.Prior to issuance of grading and/or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non-native, invasive plant species.Applicable at each future FM/IP plan check process for each Neighborhood.City Staff with review of the building permit applicationCity Staff - review the SWPPP as part of the grading package for each neighborhood.City Staff - review and process plans.City Staff - with the review Landscape plans as part of individual A&S applications for conformance with the Open Space Management Plan.City Staff - with the review of individual Imp. Plans/FMCity Staff - with the review of individual grading permit applications, when applicable.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 10 of 125.B.bPacket Pg. 93Attachment: Mitigation Measure Status (3485 : TM 20-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 10 (CONTINUED)45Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project grading plans.NOTE: Prior to the approval of the final map and final grading plans for the Wild Chestnut neighborhood, the applicant shall have a qualified archaeologist conduct a survey and delineate Archaeological Site CA-SCL-243, in the vicinity of The Glen and Canyon Creek neighborhoods north of W. Luchessa Avenue, onto the respective Phase 1 Tentative Map preliminary grading sheets. This copy of the TM grading plans with the archaeology delineation shall be marked "Exempt from the Public Records Act - Not Available for Public Review." The archaeologist shall identify further recommendations, if any, which may include but not be limited to, archaeological monitoring during earth moving activities for these neighborhoods, within a specified distance of the archaeological site. - COMPLETEDApplicant as part of each individual grading/building permit plan submittal.Applicant have Archaeologist survey and delineation completed within the vicinity of The Glen and Canyon Creek neighborhoods north of W. Luchessa Avenue.Will be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.46Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project grading/building plans.Applicant as part of each individual grading/building plan submittal.Will be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.STEP 1110Step 11 - Prior to commencement of construction activities associated with the Reservoir Canyon Creek Bridge.Required with a future phase of development Applicant to hire biologist Not Applicable to these Tracts.Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on 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 within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.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), subject to the review and approval of the City of Gilroy Planning Division: 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 (MLD) from the deceased Native American. The MLD 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: 1) the Native American Heritage Commission is unable to identify a MLD or the MLD 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.Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure there are no impacts to wetlands and associated oak/riparian woodland habitat.City Staff - with the review of individual grading permit applications, when applicable.City Staff - assure Archaeologist's information is submitted on exhibits, but not made available to the general public.City Staff - with the review of individual grading/building permit applicationsCity construction inspector(s) during constructionBiologist and City, during constructionW:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 11 of 125.B.bPacket Pg. 94Attachment: Mitigation Measure Status (3485 : TM 20-05) GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 1250Step 12 - Prior to approval of the first occupancy permit.Required with each building permit application To be included in the building plans at the time of building permit submittalRequired with building permits.52Step 12 - Prior to approval of the first occupancy permit.Future submittal of CC&R's with individual project Improvement Plans/Final Maps CC&R's be submitted by applicant, to be confirmed with the review of each FMComplete - Included in the project CC&Rs29Not the Responsibility of The Project ProponentThis area has been improved by Caltrans Not ApplicableComplete - Improvement already completed by CaltransNo action required.Lengthen the existing southbound acceleration lane at Castro Valley Road as an auxiliary lane between Castro Valley Road and the off-ramp to Highway 25. The combined acceleration/auxiliary lane would extend the nearly 2,000 feet between Castro Valley Road and the off-ramp to Highway 25. This intersection is outside of the City of Gilroy’s Transportation Master Plan and therefore, impact fees are not collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the County of Santa Clara. Note: Mitigation Measure 29 is not the responsibility of the project proponent.Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single-family and multi-family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies. The Glen Loma Ranch Homeowner’s Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site. Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed abatement season. This language shall be included in the HOA conditions, covenants, and restrictions.Not ApplicableCity Staff - CC&R's for the project were submitted to the CityCity with the issuance of individual building permitsW:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 12 of 125.B.bPacket Pg. 95Attachment: Mitigation Measure Status (3485 : TM 20-05) 5.B.cPacket Pg. 96Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 97Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 98Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 99Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 100Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 101Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 102Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 103Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 104Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 105Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 106Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 107Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 108Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 109Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 110Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 111Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 112Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 113Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 114Attachment: TM 20-05 Plans (3485 : TM 20-05) 5.B.cPacket Pg. 115Attachment: TM 20-05 Plans (3485 : TM 20-05) RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 20-05, A SUBDIVISION OF A 41.4+/- ACRE SITE INTO 40 COMPACT SINGLE- FAMILY LOTS IN THE CANYON CREEK NEIGHBORHOOD; SIX LOTS FOR THE CREATION OF 41 TOWNHOUSE UNITS IN THE ROCKY KNOLL NEIGHBORHOOD; AND NINE LOTS FOR THE CREATION OF 42 TOWNHOUSE UNITS IN THE MALVASIA II NEIGHORHOOD, FOR A TOTAL OF 55 RESIDENTIAL LOTS AND 123 RESIENITAL UNITS; ONE PUBLIC OPEN SPACE PARCEL FOR THE CONSTRUCTION OF THE SANTA TERESA TRAIL; ONE PUBLIC TRAIL EASEMENT FOR THE ROCKY KNOLL TRAIL; 18 PRIVATE OPEN SPACE PARCELS THAT WILL BE MAINTAINED BY THE HOMEOWNERS’ ASSOCIATION; AND ASSOCIATED PUBLIC AND PRIVATE STREETS ON PROPERTY LOCATED NORTHEAST OF SANTA TERESA BOULEVARD, SOUTH AND SOUTHWEST OF WEST LUCHESSA AVENUE (APN # 808-18-032 and 808-58-005), FILED BY GLEN LOMA GROUP/FILICE FAMILY ESTATE, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020. WHEREAS, The Glen Loma Group/Filice Family Estate submitted an application requesting a tentative map to subdivide an approximate 41.4+/- acre site into 40 Compact single-family lots in the Canyon Creek neighborhood; six lots for the creation of 41 townhouse units in the Rocky Knoll neighborhood; and nine lots for the creation of 42 townhouse units in the Malvasia II neighborhood, for a total of 55 residential lots and 123 residential units; one public open space parcel for the construction of the Santa Teresa trail; one public trail easement for the Rocky Knoll Trail; 18 private open space parcels that will be maintained by the homeowners’ association; and associated public and private streets; and WHEREAS, the subject property is located within th e Glen Loma Ranch Specific Plan area, northeast of Santa Teresa Boulevard, south and southwest of West Luchessa Avenue, commonly known as the Canyon Creek, Rocky Knoll and Malvasia II neighborhoods; and WHEREAS, the Planning Commission of the City of Gilroy has considered the tentative map (TM 20-05), in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, said tentative map was referred to various public utility companies and City departments, including the Technical Advisory Committee for recommendations; and WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch Specific Plan; and 5.B.d Packet Pg. 116 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 2 WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement; and WHEREAS, the Planning Commission finds the tentative map conforms to the City's General Plan and elements thereof, including the “Glen Loma Ranch Specific Plan” and the “Neighborhood District Policy”; and WHEREAS, an environmental impact report (EIR) was prepared for this site as part of the review of application GPA 00-01; and WHEREAS, the California Environmental Quality Act (CEQA) Guidelines section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA, as long as the project meets the requirements of that section. Staff has determined that the proposed residential subdivision meets the requirements of section 15182, such that no additional CEQA analysis is required; and WHEREAS, a mitigation monitoring and reporting plan has been p repared, consistent with the certified EIR; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed tentative map is generally consistent with the intent of the goals and policies of the “Glen Loma Ranch Specific Plan.” 2. The proposed tentative map is generally consistent with the intent of the goals and policies of the “Neighborhood District Policy.” 3. The proposed tentative map is generally consistent with the intent of the goals and policies of the City's General Plan. 4. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 5. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity. 6. As identified in the certified EIR, all significant environmental impacts associated with buildout of the Glen Loma Ranch Specific Plan area can be reduced to a less than significant level with the implementation of adopted mitigation measures identified in the certified EIR, except for air quality. The proposed project would result in a significant, unavoidable environmental impact with regard to project emissions and consistency with the Bay Area 2000 Clean Air Plan. When adopting the specific plan in 2005, the City Council adopted a statement of overriding considerations, finding that the benefits of the project outweighed this environmental effect. 5.B.d Packet Pg. 117 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 3 WHEREAS, the Planning Commission finds that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council the approval of the tentative map, subject to the following conditions: PLANNING CONDITIONS The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S). 1. APPROVED PROJECT: The approval for tentative map TM 20-05 is granted to subdivide an approximate 41.4+/- acre site into 40 Compact single-family lots in the Canyon Creek neighborhood; six lots for the creation of 41 townhouse units in the Rocky Knoll neighborhood; and nine lots for the creation of 42 townhouse units in the Malvasia II neighborhood, for a total of 55 residential lots and 123 residential units; one public open space parcel for the construction of the Santa Teresa trail; one public trail easement for the Rocky Knoll Trail; 18 private open space parcels that will be maintained by the homeowners’ association; and associated public and private streets on Assessor Parcel No. 808-18-032 and 808-58-005, as shown on Project Plans dated as received by the Planning Division on July 30, 2021 prepared by Ruggeri-Jensen-Azar for the Glen Loma Corporation, dated July 2021, and consisting of 20 sheets. Build-out of the project shall conform to the plans, except as otherwise specified in these conditions. Any future adjustment or modification to the plans, including any changes made at time of improvement plan submittal, shall be considered by the Community Development Director or designee, may require separate discretionary approval, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council. 2. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy (“the City”) and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any 5.B.d Packet Pg. 118 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 4 condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. 3. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein 4. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98. Mitigation Measures. The following MITIGATION MEASURES, which are contained within the Glen Loma Ranch Specific Plan EIR and EIR addendum, prepared pursuant to the California Environmental Quality Act, and as modified based upon changes in applicable regulations, are included as conditions of approval. 5. All EIR mitigation measures would need to be implemented prior to submittal of the first final map submitted pursuant to this requested tentative map approval. 6. Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 3): 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; and • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: • Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); 5.B.d Packet Pg. 119 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 5 • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and • Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. 7. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required (corresponds to EIR Mitigation Measure 5). 8. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre-construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove/displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist (corresponds to EIR Mitigation Measure 6). 5.B.d Packet Pg. 120 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 6 9. Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site’s drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following (corresponds to EIR Mitigation Measure 8): • Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on-site revegetation with locally-obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on-site at a minimum 3:1 replacement ratio. 10. Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally-obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on -site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on-site oak woodland at a ratio of 3:1 and replanting on- site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and/or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game (corresponds to EIR Mitigation Measure 9). 11. Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the 5.B.d Packet Pg. 121 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 7 bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure there are no impacts to wetlands and associated oak/riparian woodland habitat (corresponds to EIR Mitigation Measure 10). 12. Prior to issuance of grading and/or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek (corresponds to EIR Mitigation Measure 13). 13. Prior to issuance of grading and/or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non -native, invasive plant species (corresponds to EIR Mitigation Measure 14). 14. A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas (corresponds to EIR Mitigation Measure 16). 15. Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open sp ace areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Divisio n (corresponds to EIR Mitigation Measure 17). 16. Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete (corresponds to EIR Mitigation Measure 19). 17. Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the 5.B.d Packet Pg. 122 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 8 soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits (corresponds to EIR Mitigation Measure 20). 18. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits (corresponds to EIR Mitigation Measure 21). 19. The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water “Best Management Practices” to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project (corresponds to EIR Mitigation Measure 24). 20. The project applicant shall submit plans for review by, and obtain an approve d permit from, the Santa Clara Valley Water District for any work that requires a permit from the water district (corresponds to EIR Mitigation Measure 25). 21. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post- construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable (corresponds to EIR Mitigation Measure 26). 22. Prior to issuance of a grading permit for all areas within the Specific Plan area, 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 Division (corresponds to EIR Mitigation Measure 28): a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; 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.B.d Packet Pg. 123 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 9 23. Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes (corresponds to EIR Mitigation Measure 34). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II. 24. Add a northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II (corresponds to EIR Mitigation Measure 35). 25. Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard/First Street intersection (corresponds to EIR Mitigation Measure 37). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 26. Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and southbound left-turn lanes (corresponds to EIR Mitigation Measure 39). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions. Therefore, the mitig ation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed. One option would be to only add the northbound left-turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left-turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions. 5.B.d Packet Pg. 124 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 10 27. If the Thomas Road/Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours (corresponds to EIR Mitigation Measure 41). OR If the Thomas Road/Luchessa Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 28. Add second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection (corresponds to EIR Mitigation Measure 43). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 29. Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard (corresponds to EIR Mitigation Measure 44). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 30. Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single-family and multi-family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies (corresponds to EIR Mitigation Measure 50). 5.B.d Packet Pg. 125 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 11 31. The Glen Loma Ranch Homeowner’s Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site. Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed abatement season. This language shall be included in the HOA conditions, covenants, and restrictions (corresponds to EIR Mitigation Measure 52). The following conditions shall be addressed prior to issuance of any GRADING PERMIT or IMPROVEMENT PLAN. 32. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval of this permit, as adopted by the City Council. The following conditions shall be met prior to tract acceptance. 33. ON- AND OFF-SITE IMPROVEMENTS: Prior to tract acceptance, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP, or other deadline as specified in the condition. 34. TENTATIVE MAP: The approved tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Subdivision Map Act and Gilroy City Code section 21.41 (i), if the final map is not approved prior to expiration. 35. HOMEOWNERS’ ASSOCATION: Developer shall establish Homeowners’ Associations (HOA) for the Rocky Knoll and Malvasia II neighborhoods or annex these neighborhoods into the existing Glen Loma Ranch HOA . The HOAs shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the Covenants, Conditions, and Restrictions (CC&Rs) for the development. The City shall review all CC&Rs prior to recordation. 36. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the 5.B.d Packet Pg. 126 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 12 CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition. 37. CONSTRUCTION RELATED NOISE: To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site “During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site: a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City-observed holidays; b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; c. Construct sound walls or other noise reduction measures prior to developing the project site; d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize “quiet” models of air compressors and other stationary noise sources where technology exists; and g. Designate a “disturbance coordinator’ who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem.” 38. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction- related impacts to air quality, Developer shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) and shall include the following language on any grading, site work, and construction plans issued for the project site “During earth-moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site: a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded 5.B.d Packet Pg. 127 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 13 areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered; c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator; and h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.” 39. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the Developer will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following: a. Contractor employees working on-site will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training; b. Contractor will stockpile soil during development activities to allow for proper characterization and evaluation of disposal options; c. Contractor will monitor area around construction site for fugitive vapor emissions with appropriate filed screening instrumentation; d. Contractor will water/mist soil as it is being excavated and loaded onto transportation trucks; e. Contractor will place any stockpiled soil in areas shielded from prevailing winds; and f. Contractor will cover the bottom of excavated areas with sheeting when work is not being performed. 5.B.d Packet Pg. 128 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 14 40. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50’ of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the f ind is determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards. 41. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site: “If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer’s expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party.” 42. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans: “If human remains are found during earth-moving, grading, or construction activities, 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 (MLD) from the deceased Native American. The MLD 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 5.B.d Packet Pg. 129 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 15 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 MLD or the MLD 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.” ENGINEERING CONDITIONS 43. GENERAL - At first improvement plan submittal, utility sheets shall show appropriate line types and labels to identify different type of utilities and pipe sizes. Clearly identify both public and private utilities. 44. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval. 45. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy General Guidelines. A complete set of improvement plans shall consist of Civil site design, landscape site design, Electrical, Joint Trench. 46. GENERAL - Improvement plan cover sheet shall include a table summarizing all facilities (Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities, and the maintenance responsibilities of all facilities. 47. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. A copy of these permits will be provided prior to building permits for that phase/tract. 48. GENERAL – Improvement plans are required for both on-site and off-site improvements. 49. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage 5.B.d Packet Pg. 130 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 16 50. GENERAL - All existing public utilities shall be protected in place and if necessary, relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy. 51. GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City. 52. Intentionally Left Blank 53. GENERAL - All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer. 54. GENERAL - Prior to issuance of any building permits, developer shall submit for City approval water, sewer and storm drain studies for the development. These studies shall provide supporting hydraulic calculation for pipe sizing per City standard design guideline. 55. GENERAL - At first improvement plan submittal, developers engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria. 56. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Latest City impact fee schedule is available on the City’s website. Payment of development impact fees will be required for each unit prior to permit issuance and shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. 57. FEE - Prior to plan approval, developer shall submit a detailed project cost estimate by the project engineer, subject to City Engineer approval. Cost estimate shall be broken out into on-site and off-site improvements. 5.B.d Packet Pg. 131 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 17 58. FEE - Prior to final map approval, Developer shall pay 100% of the plan check and processing fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds each for 100% of the cost for improvements with the City that shall secure the construction of the improvements. In surance shall be provided per the terms of the agreement. 59. GRADING & DRAINAGE - All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the de veloper shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be added to the grading plans prior to plan approval. 60. GRADING & DRAINAGE - Prior to building permit issuance, the applicant’s Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with their recommendations and the peer review comments. The applicant’s Geotechnical engineer’s approval shall then be conveyed to the City either by letter or by signing the plans. 61. GRADING & DRAINAGE - At first improvement plan submittal, the developer shall submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities, and the study shall include all off-site tributary areas. Study and the design shall be in compliance with the City’s Stormwater Management Guidance Manual (latest edition). Existing offsite drai nage 5.B.d Packet Pg. 132 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 18 patterns, i.e., tributary areas, drainage amount and velocity shall not be altered by the development. 62. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor. 63. GRADING & DRAINAGE - Improvement and grading plans shall show existing topo and features at least 50’ beyond the project boundary. Clearly show existing topo, label contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances. 64. GRADING & DRAINAGE – Geotechnical Engineer to confirm infiltration rates by conducting Double Ring Infiltrometer Testing with appropriate safety factors of all stormwater detention and/or retention facilities. 65. PUBLIC IMPROVEMENTS – Prior to Final Map approval, developer shall execute a property improvement agreement and post Payment and Performance bonds each for 100% of cost for improvement with the City that shall secure the construction of the public improvements. Insurance shall be provided per the terms of the agreement. 66. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing damaged improvements not designated for removal and all new improvements that are damaged or removed because of developer's operations. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 67. CONSTRUCTION - Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s Valley Water’s municipal industrial rate. 68. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 69. CONSTRUCTION - The City shall be notified at least ten (10) 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. 5.B.d Packet Pg. 133 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 19 70. CONSTRUCTION - Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 71. CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 72. CONSTRUCTION - 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. 73. CONSTRUCTION - It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. 74. CONSTRUCTION - At least one week prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 75. CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer. 76. TRANSPORTATION - Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance 5.B.d Packet Pg. 134 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 20 with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right of way. 77. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. PROJECT SPECIFIC ENGINEERING CONDITIONS OF APPROVAL 78. FEE – The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The following are approximate impact fees based on planning phase information for a Residential - High Density project. Actual fees will be based on Final Design information. i. Street Tree Development =$588 ii. Storm Development = $15,083 iii. Sewer Development = $856,941 iv. Water Development = $220,047 v. Traffic Impact = $1,259,643 vi. Public Facilities = $2,272,302 Latest City impact fee schedule is available on the City’s website. Payment of Impact Fees are required at each unit building permit issuance. Fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. 79. FEE - At first improvement plan submittal, Developer shall submit to Public Works a $25,000 (Twenty-Five Thousand) initial deposit for plan check and processing. This deposit will be credited/accounted for toward final plan check and inspection fee. 80. GENERAL - No building permits shall be issued until the Final Map is recorded. 81. GENERAL - The approved construction schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to GUSD to share with school parents. 5.B.d Packet Pg. 135 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 21 82. GENERAL - A current Title Report dated within the last six months, shall be submitted with the first submittal improvement plans. An existing site plan shall be submitted showing all existing site conditions and title report easements. Include bearings and distances for all Right of Way and Easements on the plans. 83. GENERAL - The Developer shall provide a “composite plan” showing Civil, Landscape, Electrical, and Joint Trench design information (as a separate sheet titled “Composite Plan”) to confirm that there are no conflicts. 84. Intentionally Left Blank 85. GENERAL - At first submittal, developer shall provide a Geotechnical report that includes pavement section recommendations for all public and private street pavement sections. 86. GRADING & DRAINAGE - All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all grading activities were performed in conformance with the requirements of the project’s geotechnical report. The developer shall add this condition to the general notes on the grading plan 87. PUBLIC IMPROVEMENTS – All work in the public right of way, or for public use, shall require an encroachment permit issued by Public Works, and shall be contained in one set. Plans are to be submitted to Public Works for review and approval. 88. PUBLIC IMPROVEMENTS – Offsite improvement plans shall be completed per the Public Works Engineering Checklist found in the Public Works, Engineering, portion of the City’s website. Partial submittals shall not be accepted. Applicant shall make a pre-submittal appointment with the Public Work Land Development Section, to review that all submittal applications items are complete. 89. PUBLIC IMPROVEMENTS – Prior to Final Map Approval, the developer shall obtain design approval and bond for all necessary improvements. All 5.B.d Packet Pg. 136 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 22 improvements must be built to the city Engineer’s satisfaction prior to issuan ce of the last certificate of occupancy 90. PUBLIC IMPROVEMENTS - Trail, landscaping, and frontage improvements along Santa Teresa Blvd., Canyon Creek, and Luchessa Ave shall be constructed with the contiguous Final Map and Improvement Plans. 91. PUBLIC IMPROVEMENTS - The current layout may conflict with future Santa Teresa Blvd plan line widening. At first plan submittal, Santa Teresa Blvd. frontage improvements cannot conflict with future Santa Teresa Blvd. plan line widening improvements. At first plan submittal, show complete cross sections from the property line to existing Santa Teresa Blvd. including the proposed widened of Santa Teresa. 92. Intentionally Left Blank 93. PUBLIC IMPROVEMENTS – At first plan submittal, provide all sight distance exhibits showing adequate sight distance. 94. PUBLIC IMPROVEMENTS - The developer shall microsurface W. Luchessa from Santa Teresa Blvd prior to project acceptance. 95. CONSTRUCTION - All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. 96. Intentionally Left Blank 97. CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils engineer to daily submit all testing and sampling and reports to the City Engineer. 98. CONSTRUCTION – Prior to Final Map approval, the Developer/Applicant shall submit a proposed construction phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft Prospect, and shall identify the scheduled critical path for the installation of improvements. The schedule shall be updated weekly. 5.B.d Packet Pg. 137 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 23 99. CONSTRUCTION - Grading operations between October 15 and April 15 will require a winterized grading and erosion control plan to be submitted to the Department of Public Works for approval. Grading activities will not be allowed unless the winterized grading permit is approved by Public Works. The plan shall include (at a minimum) the following items: • Specify the work to be conducted during the winter months with estimated number of working days to complete activity and the type of equipment to be used. • Provide a general schedule of the proposed work activities with a written narrative/description of work that includes the procedures for completing said work. • Show how the entire site will be protected “Winterized” from sediment erosion and transport and show how all exposed soil will be managed. • Show temporary sediment basins to be used for collecting stormwater. Sediment basins shall be sized appropriately and calculations shall be provided as part of the plan submittal. • Provide details of the temporary sediment basin’s erosions control measures such as sediment berms, Hydroseeding, and bank stabilization. • On a single plan sheet, show the entire site at an appropriate scale sufficient to make grading information legible with the location of temporary sediment basins, overland flow arrows indicating flow to the temporary sediment basins, and indicate the discharge locations. 100. CONSTRUCTION PARKING - No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 101. TRANSPORTATION – At first plan submittal, developer shall submit on-site and off-site photometric plans. 102. TRANSPORTATION - At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis software, all turning and street circulation movements. 103. TRANSPORTATION - At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and 5.B.d Packet Pg. 138 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 24 modeled with AutoTurn swept analysis software, all turning and street circulation movements. 104. TRANSPORTATION – Applicant shall obtain a letter from Recology confirming serviceability and site accessibility of solid waste pickup, Contact Lisa Patton, Operations Manager 408-846-4421. Include Recology letter with first building permit submittal. 105. TRANSPORTATION - Developer shall design driveway grades to keep a standard design vehicle from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. 106. UTILITIES – All new services to the development shall be "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted to the City prior to installation. 107. UTILITIES - The following items will need to be completed prior to first building permit submittal: 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. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. 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 Engineering Division and the utility companies. c. Will Serve Letter” from each utility company for the subdivision shall be supplied to the City. 5.B.d Packet Pg. 139 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 25 108. UTILITIES - A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. The Joint consultant shall provide the City a separate “project utility composite plan” showing all Civil, Landscape, electrical, and joint trench information to confirm that there are no conflicts with joint trench plan utilities. 109. UTILITIES – Storm and sewer lines in private streets shall be privately owned and maintained. This should be noted on the title sheet of the project improvement plan. 110. UTILITIES - Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer signed original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved improvement plans. 111. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 112. UTILITIES - The Developer shall perform Fire Hydrant test to confirm water system will adequately serve the development and will modify any part of the systems that does not perform to the standards established by the City. Developer shall coordinate with Fire Department for the Fire Hydrant test. 113. UTILITIES - The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. 114. Intentionally Left Blank 115. UTILITIES - Prior to First Plan Submittal, , developer shall coordinate with Valley Water and obtain written confirmation from Valley Water for the intent, schedule, and commitment for the construction of the 36” recycle water line and related facilities within the proposed W. Luchessa extension. The Final 5.B.d Packet Pg. 140 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 26 Map and PIA will not be approved until Valley Water successfully provides a reimbursement agreement, OR there is a mutual agreement between Valley Water and Developer that the reimbursement agreement can be finalized after Final Map approval and prior to any wet utility construction. 116. UTILTIES – All recycled water system improvements, including appurtenances, shall be located within a PSE. 117. UTILITIES - The Developer/Applicant shall obtain a SCVWD permit for any new recycled water mains connected to the existing Gilroy Water Reclamation Facility system. 118. UTILTIES - All new mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. 119. UTILITIES - Developer shall provide separate irrigation meter to serve this development’s common area landscaping. 120. UTILITIES - Water lines and related facilities within the proposed subdivision will be publicly owned and maintained. 121. WATER QUALITY - Proposed development shall comply with state mandated regional permits for both pre-construction and post-construction stormwater quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following: a. At first improvement plan submittal, project shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11 report format), to include background, summary, and explanation of all aspects of stormwater management. Report shall also include exhibits, tables, calculations, and all technical information supporting facts, including but not limited to, exh ibit of the proposed site conditions which clearly delineates impervious and pervious areas on site. Provide a separate hatch or shading for landscaping/pervious areas on-site including those areas that are not bioretention areas. This stormwater control plan report format does not replace or is not in lieu of any stormwater control plan sheet in improvement plans. b. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. 5.B.d Packet Pg. 141 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 27 c. At developer’s sole expense, the stormwater control plan shall be submitted for review by an independent third party accepted by the City for compliance. Result of the peer review shall be included with the submittal for City evaluation. d. Prior to plan approval, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City, including Exhibit A and Exhibit B. i. The City shall record this agreement against the property or prope rties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. e. Stormwater BMP Operations and Maintenance Agreement shall include inspections to be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a certified third party QSP or QSD. ii. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by 5.B.d Packet Pg. 142 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 28 March 15th. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of stormwater facilities inspected; 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site re-inspection. f. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. g. Before commencing any grading or construction activities, the developer shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board. 122. WATER QUALITY - The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order. 123. WATER QUALITY - The developer shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The developers QSD or QSP shall provide the City weekly inspection reports. 124. WATER QUALITY – Sequence of construction for all Post Construction Required facilities (PCR’s) / stormwater facilities (bioswales, detention/retention basins, drain rock, etc.) shall be done as a final phase of construction to prevent silting of facilities and reduce the intended use of the facilities. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate. A maximum of 9 percolation tests shall be completed. 125. STORMWATER – All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50% safety factor shall be applied to 5.B.d Packet Pg. 143 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 29 the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. 126. STORMWATER – This project may be subject to an audit by the Central Coast Regional Board. City may be required to provide the project stormwater design and storm water management plan for Regional Board review and comment. The project may need to provide the Regional Board any and all necessary documents (including reports, technical data, plans, etc.) for the Regional Board approval. 127. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan. 128. LANDSAPING – The proposed landscaping along the project public street frontages and Roundabouts are maintained by project HOA. Developer shall submit a separate exhibit showing all the HOA maintained landscape areas for Glen Loma Ranch that are within the public right-of-way. 129. MASTER PLANS - Confirm the project is in compliance with the City’s Utility Master Plans. Project utility calculations and reports shall identify conformance to the City's adopted Utility Master Plans. 130. MONUMENTS – All monuments shall be set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer. 131. PROJECT ACCEPTANCE – At first improvement plan submittal, plans must show current topographic survey including current improvements along all adjacent public and private streets. 132. PROJECT ACCEPTANCE – Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and 5.B.d Packet Pg. 144 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 30 acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. 133. PROJECT ACCEPTANCE – Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan 134. PROJECT ACCEPTANCE – Prior to tract acceptance, developer shall submit for review and approval all of the items identified in the Public Works Department “Development Project Closeout” list. 135. FINAL MAP - All final maps shall designate all common lots as lettered lots. The Final map should be clear on the limits of Public vs. Private (HOA) designations. 136. FINAL MAP - Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. 137. FINAL MAP –The Final Map shall be presented to the City Council for review and action. The City Council meeting will be scheduled approximately fifty (50) days after the Final Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by the City. Developer shall dedicate necessary right of way and public easements for the project development. 138. OTHER AGENCIES - Reservoir Canyon Creek runs though the site. Developer shall obtain any permitting necessary by local, state, or federal agencies related to any work within, near, or adjacent with Reservoir Canyon Creek. 139. OTHER AGENCIES - Developer shall obtain Santa Clara County approval and an encroachment permit for all work in the County Right of Way. Provide 5.B.d Packet Pg. 145 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Resolution No. 2021-XX Page 31 Public Works Engineering Department a copy of the Santa Clara County Encroachment. 140. Prior to Final Map Approval, the developer shall enter into a landscape maintenance agreement with the City for all related landscape and trails within the limits of the Glen Loma Ranch Specific Plan. This Agreement shall also include any landscape, road, and trail easements related Santa Teresa Blvd. A detailed map of all areas covered shall be approved by the City Engineer and the County of Santa Clara. PASSED AND ADOPTED this 2nd day of December 2021 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: APPROVED: _______________________ ______________________________ Karen Garner, Secretary Tom Fischer, Chairperson 5.B.d Packet Pg. 146 Attachment: TM 2005_Reso_2021-XX (3485 : TM 20-05) Karen L. Garner DIRECTOR Community Development Department 7351 Rosanna Street, Gilroy, California 95020-61197 Telephone: (408) 846-0451 Fax (408) 846-0429 http://www.cityofgilroy.org DATE: December 2, 2021 TO: Planning Commission FROM: Karen Garner, Community Development Director SUBJECT: Modifications to Planning Commission Bylaws RECOMMENDATION: Staff recommends that the Planning Commission amend the bylaws to change the start time of Planning Commission meetings from 6:30 p.m. to 6:00 p.m. and to not take up agenda items after 10:30 p.m. unless requested by a majority of the Commission. BACKGROUND: At the last Planning Commission meeting on November 4, 2021, staff proposed a modification of the Planning Commission bylaws (referred to as the “Rules and Regulations for the Planning Commission”) to change the start time of meetings from 6:30 p.m. to 6:00 p.m. The Planning Commission discussed and was in agreement with such a change. Commissioner Ridley also proposed modification to the bylaw regarding the latest time for taking up agenda items. Commissioners were also in agreement with this modification. The bylaws require that any amendment is given to each member in writing at least one week prior to said meeting. Therefore, these amendments were introduced on November 4 and the Commission is now being asked to take action on the amendments to the bylaws. DISCUSSION AND ANALYSIS: Attached are the Planning Commission bylaws with redline/strikeout of the proposed amendments reflecting the direction from the Commission at the November 4 meeting. Bylaw #1 would be amended to reflect a new start time. 1. There shall be at least one regular meeting per month to be held the first Thursday at 6:30 6:00 p.m. in the City Council Chambers. Meeting dates may be 6.1 Packet Pg. 147 2 changed, altered or deleted at any regularly scheduled meeting as per California State law. Bylaw #14 would be amended to reflect a new time regarding the latest time for taking up agenda items. 14. Remaining agenda items will not be taken up after 11:00 10:30 p.m. unless requested by a majority of the Commission. PUBLIC NOTICING: Planning Commission public hearing packets are available through the City's webpage. Attachments: A. Gilroy - Rules and Regulations For the Planning Commission Amended 12-2-21 Attachments: 1. Gilroy - Rules and Regulations For the Planning Commission Revised Amended 12 - 2-21 6.1 Packet Pg. 148 October 4, 2018 (Revised)December 2, 2021 RULES AND REGULATIONS FOR THE PLANNING COMMISSION 1. There shall be at least one regular meeting per month to be held the first Thursday at 6:306:00 p.m. in the City Council Chambers. Meeting dates may be changed, altered or deleted at any regularly scheduled meeting as per California State law. 2. Additional meetings may be held at any time upon the call of the chair or by a majority of the voting members of the Commission, or upon written request of the City Council following at least twenty-four (24) hours notice to each member of the Commission 3. The Commission shall elect a chair and vice-chair at the meeting in January. 4. The duties and powers of the officers of the Planning Commission shall be: A. Chair: 1) Preside at all meetings of the Commission. 2) Call special meetings of the Commission in accordance with these rules and regulations. 3) Sign documents of the Commission. 4) See that all actions of the Commission are properly taken. B. Vice-Chair: 1) During the absence, disability, or disqualification of the chair, the vice- chair shall exercise or perform all the duties and be subject to all the responsibilities of the chair. 5. Matters referred to the Commission by the City Council shall be placed on the calendar for consideration and action at their next regular meeting of the Commission after such reference, and after publication of adequate notice. 6. Four members of the Commission must be present to constitute a quorum. 7. The latest edition of Roberts Rules of Order shall be followed unless otherwise provided for in these rules. 8. The Chair may debate from the chair and may vote on a motion, subject only to such limitations of debate as are imposed upon members of the Commission by these Rules and Regulations. 9. The member making a motion shall have the privilege of closing the debate. 10. To take action on a motion, there must be four (4) yes votes or four (4) no votes of members of the Commission. 6.1.a Packet Pg. 149 Attachment: Gilroy - Rules and Regulations For the Planning Commission Revised Amended 12-2-21 (3576 : Modifications to Planning October 4, 2018 (Revised)December 2, 2021 11. The Commission may consider a request for reconsideration only during the same meeting at which action was taken, and only at the request of a commissioner who voted with the majority in the original decision on the matter. 12. Deadline for filing for placement on the agenda for public hearings shall be twenty days prior to consideration by the Commission or such greater time as may be needed to provide adequate notice. At that time, all applications and supporting material will be presented to the Planning Division. Requests for continuance of matters scheduled for a particular agenda item shall be filed in writing with the Planning Division, and accompanied by the proper continuance fee, not later than eight (8) days prior to the meeting. 13. Order of consideration for public hearing items: A. Staff recommendation – Commission will refer to written report. B. Questions of staff. Chair opens public hearing, and may set reasonable time limits for presentations to the Commission. The Chair may limit the time to be spent on an item. C. The applicant of the public hearing item may make a presentation and Commission may ask questions. Applicants shall be given a total of ten (10) minutes to present and up to five (5) minutes of rebuttal time after the public comments. Members of the public may make presentation and Commission may ask questions. At the Chair’s discretion, the public may speak no more than one (1) to three (3) minutes, depending on the number of speakers. If there are ten (10) of fewer speaker requests on an agenda item, the limit for each speaker will be three (3) minutes. Speakers are not allowed to delegate their time to another speaker. D. Chair closes public hearing. E. Planning Commission disclosure of ex parte communications, discussion, motion, additional discussion and vote on the matter. 14. Remaining agenda items will not be taken up after 11:0010:30 p.m. unless requested by a majority of the Commission. 15. Votes on resolutions shall be taken by roll call, and the chair shall vote last. Votes on other agenda items to be by electronic and/or voice vote, and the chair shall announce the outcome. 16. Except as provided for in section 11, no member of the Commission shall be allowed to explain his or her vote or discuss the question while the roll is being called, and no member shall be allowed to change his or her vote after the vote is announced by the chair. 17. Any member of the Commission who has a conflict of interest on any matter shall refrain from any manner of influencing or participating in the matter. The member shall 6.1.a Packet Pg. 150 Attachment: Gilroy - Rules and Regulations For the Planning Commission Revised Amended 12-2-21 (3576 : Modifications to Planning October 4, 2018 (Revised)December 2, 2021 announce on the public record the nature of the conflict, leave the City Hall Chamber and refrain from discussing said item. 18. ABSENCES: Any member of the Commission who knows he/she will not be able to attend a scheduled meeting shall notify the Planning Division staff liaison at the earliest possible opportunity and, in no case, not less than 72 hours before the start of a regular meeting for an excused absence. An emergency absence is an absence caused by a sudden emergency, including, but not limited to, the illness, hospitalization, or accident of the member, the member’s parent, spouse or domestic partner, or dependent. Such absences shall be reported to the staff liaison as soon as practicable. Each member shall be allowed two excused absences, and one emergency absence from regular meetings per calendar year. Any absence from a regular meeting in excess of the two excused absences and one emergency absence in a calendar year shall be deemed unexcused. A member with an unexcused absence shall be removed from their seat. 19. The vice-chair shall succeed the chair if the chair vacates such office before his/her term is completed. The vice-chair shall serve the unexpired term of the vacated office. A new vice-chair shall be elected at the next regular meeting. 20. These rules and regulations may be amended at any meeting of the Commission by a majority of the membership of the Commission, providing that notice of said proposed amendment is given to each member in writing at least one week prior to said meeting. GENERAL ORDER OF BUSINESS: PLEDGE OF ALLEGIANCE REPORT ON POSTING THE AGENDA AND ROLL CALL PUBLIC COMMENTS (Three-minute time limit) CONSENT AGENDA CONTINUED PUBLIC HEARINGS PUBLIC HEARINGS NEW BUSINESS INFORMATIONAL ITEMS PRESENTATION BY MEMBERS OF THE PLANNING COMMISSION REPORTS BY COMMISSION MEMBERS PLANNING MANAGER REPORT ASSISTANT CITY ATTORNEY REPORT ADJOURNMENT 6.1.a Packet Pg. 151 Attachment: Gilroy - Rules and Regulations For the Planning Commission Revised Amended 12-2-21 (3576 : Modifications to Planning Planning Current Project Log 1 DATE FILED PROJECT ID APPLICANT LOCATION PROJECT DESCRIPTION PROJECT STATUS PLANNER PARCEL NUMBER(S)Residential Units (if any) City of Gilroy Planning Division Dated:11/24/2021 App Type Legend: MA Mills Act Request Staff Directory Link Planning Staff: A Annexation MM Minor Modification Cindy McCormick CM AS Architectural and Site Review SP Sign Permit Kraig Tambornini KT CUP Conditional Use Permit TM Tentative Map Melissa Durkin MAD DA Development Agreement TUP Temporary Use Permit Miguel Contrera MC DTSUP Downtown Special Use Permit TR Tree Removal Permit Marco Romagnoli MR DUP Downtown Use Permit USA Urban Service Area Unassigned TBD GPA General Plan Amendment V Variance HP Habitat Permit VMD Minor Deviation M Miscellaneous&PreApplications Z Zoning Amendment DATE FILED PROJECT ID APPLICANT LOCATION PROJECT DESCRIPTION PROJECT STATUS PLANNER PARCEL NUMBER(S)# Residential Units (if any) xx/xx/xxxx DO NOT USE - INSERT NEW LINE BELOW 11/23/2021 CUP 21-03 Ismael Torres 6945 Monterey Road #B1 CUP for offsite alcohol sales A. Proposed TBD 799-34-038 11/12/2021 AS 21-22 (21110023)Atul Bhattarai 8971 Tea Tree Way Hillside SFR A. Proposed MAD 783-72-033 1 sfr 10/29/21 M 21-28( 21100030)Grace Hill 710 Renz Lane DRG for hotel A. Proposed MC 841-10-046, -047 10/28/21 M 21-27 (21100026)Drew Walstrum 700 W 6th Street DRG for 19 single family residences and a new cul-de-sac A. Proposed CM 799-26-033, -037, -049, - 050, -051, -052 19 sfr 10/25/21 TUP 21-10 (21100039)Bhavik Patel 500 Automall Drive Temporary office trailer for use during construction (Tesla)A. Proposed MC/MR 841-66-021 10/21/2021 AS 21-21 (21100031)Macy Habibeh 7251 Camino Arroyo New antenna on existing PGE monopole A. Proposed KT/MR 841-10-039 10/13/2021 AS 21-20 (21100021)McCarthy Ranch Cameron Boulevard and Venture Way Two alternative designs for Business Park A. Proposed KT 841-17-107; 841-17-108; 841-17-109; 841-17-110; 841-84-009 10/12/2021 TUP 21-09 Beam Team Construction, Inc.7151 Camino Arroyo TUP for Lowes' Christmas Trees A. Proposed MC 841-18-060 10/5/2021 M 21-25 (21100010)Linda Hinkle 108 Chickadee Lane DRG for mixed-use development with 2,942 GSF of retail and 12 apartment units A. Proposed KT 790-66-057 12 new units 10/4/2021 M 21-26( 21100008)Loraine Hall 275 Bolsa Road DRG for 786,000 industrial warehouse A. Proposed MC 841-31-003, 841-31-022 10/1/2021 M 21-24 (21100004)Guardian Yards 5350 Monterey Road DRG for industrial storage yard A. Proposed MC 841-31-014, 841-31-021 9/30/2021 TUP 21-07 (21090058)KB Home 6361 Paysar Lane TUP for GLR Model Home A. Proposed CM 9/30/2021 TUP 21-08 (21090059)KB Home 1505 Hurka Way TUP for GLR Model Home A. Proposed CM 9/17/2021 M 21-22 (21090021)Mike Kelley S corner of Holloway and Camino Arroyo DRG for 53,579 GSF Industrial Shell Building A. Proposed MC 841-67-032, 841-67-033 9/15/2021 AS 21-18 (21090018) Mariana McNemera 7511 Carmel St.Addition to a Historic site A. Proposed CM 799-19-008 9/13/2021 TM 21-05 (21090019)Glen Loma Group Club Drive, north of Santa Teresa Drive Tentative Map for GLR Palomino II subdivision to create four single-family lots A. Proposed MAD 808-43-003 4 market rate SFR 9/13/2021 M 21-21 (21090015)SPC Design Inc. SW corner of Luchessa and Monterey Automatic car wash facility with new mixed use retail building A. Proposed MC 808-21-009, 808-49-078 9/1/2021 TM 21-04 (21090001); Z 21-05 (21090002); AS 21-17 (21090003); HP 21-12 (21080029) TMP Royal way, LLC Royal Way Tentative Map, Zone Change, PUD Architectural & Site Review, and Habitat Plan Permit for a 45-unit townhouse project A. Proposed KT 799-44-093, 094, 095, 096, 097, 098, 101, 109, and 110 45 market-rate Townhomes 8/31/2021 AS 21-16 (21080028)Thomas Keane 8815 Forest Street Ice cream storage and distribution faciliity consisting of cold storage, office area annd docking area A. Proposed MC 835-31-029 835-31-030 Description: This log contains all major planning projects currently under consideration. Contact the planning division at PlanningDivision@CityofGilroy.org or call (408) 846-0440 if you have any questions regarding this information. G:\COMDEV\PLANNING\Applications\_APPLICATION LOGS\PLANNING CURRENT PROJECT LOG_10.14.21PLANNING CURRENT PROJECT LOG_10.14.21 8.A Packet Pg. 152 Communication: Planning - Current Project Log - 11/24/2021 (INFORMATIONAL ITEMS) Planning Current Project Log 2 8/30/2021 HP 21-12 (21080029) Glen Loma Group/Filice Family Estate Club Drive, north of Santa Teresa Drive Habitat Plan Permit for the McCutchin Creek, Palomino I and II, and future Glen Loma Ranch area A. Proposed MAD 808-43-002, 808-43-003 8/23/2021 M 21-20 (21080015)Timur Tecimer 951-981 Renz Lane DRG Pre−application for two industrial buildings totaling 209,050 GSF A. Proposed MC 841−18−080, 841−18−081 8/10/2021 M 21-19 (21080005)Wyatt Lucas 850 Holloway Road GRG Pre-application preliminary review of a new industrial buildings in Pacheco Pass Center PUD at 951−981 Renz Lane A. Proposed MC/KT 841-70-026 7/30/2021 USA 21-01 (21070038)Kerley, et. al.South Gilroy, see APNs USA Amendment (south Gilroy)A. Proposed CM 808-25-001, -002, -003, - 004, -005 and 808-21-001, - 002, -003, -004 7/29/2021 AS 21-13, TM 21-02 B Desai 6970 Camino Arroyo Gilroy Crossings Phase 2 PUD Five lot commercial/industrial tentative map and site review planned unit development permit for a new restaurant, gas station, two hotels and future industrial/medical use.A. Proposed MC/KT 7/22/2021 TM 21-03 (21070015); D&Z Design Gurries Drive Construct four new two-story townhouses A. Proposed CM 790-35-038,4 new units 7/8/2021 MM 21-07 (21060028)2140 Hollyhock LN Riparian setback encroachment / CEQA A. Proposed CM 783-70-015 7/8/2021 CUP 21-02 (21050024)/ AS 21-10 (21050022)Donald Melancon 8605 Murray Ave. CUP and AS to develop a dog boarding facility and caretaker unit in the Murray-Las Animas overlay district. A. Proposed KT 835-01-003 Caretaker Unit 6/23/2021 M 21-15 (21060025)Cale Enterprises No Address Holloway Rd. DRG pre-application to develop vacant industrial lot A. Proposed CM 841-6029 6/16/2021 M 21-14 (21060010)Christina Hoang 7760 Monterey Road DRG Preapp for four story mixed use building A. Proposed CM 841-04-019; 6/16/2021 AS 21-12 (21060013)Chad Nguyen 7231 Eagle Ridge Dr One-story single family residence with basement; includes A. Proposed MAD 810-56-015 1 sfr 6/4/2021 AS 21-11 (21060004)Amir Moeini 2354 Banyan Ct Hillside SFR A. Proposed CM 783-65-022 1 sfr 5/27/2021 TM 21-01 Silvia Ibarra 405 Las Animas Ave.Two lot split of a 2.54 acre lot A. Proposed CM 835-05-024 4/21/2021 AS 21-06 (21040021)Gary Gragg 2031 Portmarnock Way New 3,649 sf single family residence in the hillside A. Proposed KT 810-57-024 1 sfr 4/14/2021 AS 21-05 (21040017)Don Reisinger 2331 Hoya Lane New 3,785 sf single family residence in the hillside A. Proposed MC 783-64-022 1 sfr 1/1/2021 GP 22-01 City Citywide Housing Element 2023-2031 A. Proposed CM City-Wide no 1/1/2021 M 20-05 City Citywide SB 330 Compliance Checklist A. Proposed CM City wide no 1/1/2021 M 21-03 City Citywide 2021 Gen Plan and Housing Progress Report (Due 4-1-22)A. Proposed CM City wide no 1/1/2021 M 21-06 City Citywide Parklet policy A. Proposed CM City wide no 11/16/2020 M 20-12 (20070016), AS20-23 Bernie Woytek 8000 Camino Arroyo Data Center A. Proposed CM 841-069-028, 841-069-039, no 10/23/2020 AS 20-21 (20100021), CUP 20-02 (20100022), TM 20-07 (20100023), Z 20-07 (20100024)Camino Arroyo Split parcel into three lots and develop two lots with distribution facility industrial buildings, totaling 407,580 square feet, and one 5 acre vacant commercial parcel.A. Proposed KT 841-18-082 9/29/2020 AS 20-18 (20100002) Wren Investors, Developer; 408- 847-3909 GLR Specific Plan; Northeast of Santa Teresa & West of Miller Architectural & Site review for the 40-unit multi-family Malvasia neighborhood A. Proposed MAD 808-18-003, 808-18-024, 808-18-025, 808-18-026 40 MF units 9/29/2020 AS 20-19 (20100003) Wren Investors, Developer; 408- 847-3910 GLR Specific Plan; Northeast of Santa Teresa & West of Miller Architectural & Site review for the 34-unit multi-family Rocky Knoll neighborhood.A. Proposed MAD 808-18-003, 808-18-024, 808-18-025, 808-18-026 34 MF units 9/29/2020 TM 20-05 (20090053) / AS 20-18 (20100002) / AS 20-19 (20100003) Wren Investors, Developer; 408- 847-3911 GLR Specific Plan; Northeast of Santa Teresa & West of Miller Tentative Map for GLR specific plan Canyon Creek, Rocky Knoll, and Malvasia neighorhoods. Totals 40 single-family units and 74 townhouse units. Includes Architectural & Site review for the 40-unit multi-family Malvasia neighborhood and and 34- unit multi-family Rocky Knoll neighborhood.A. Proposed MAD 808-18-003, 808-18-024, 808-18-025, 808-18-026 74, 40, 34 MF units 3/1/2020 M 19-23 City Citywide Mills Act Program - Ordinance, site visits, annual reports A. Proposed CM City wide no 01/21/20 AS 20-02 (20010012) TM 20-01 (20010014) Qui T Son 395 Lewis Street 4-lot subdivision (TM) with 4 new homes (AS)A. Proposed CM 841-03-062 4 SF lots 09/24/19 M 19-10 Glen Loma Group Glen Loma Ranch Specific Plan Traffic study - Tenth Street Bridge Construction/Modification to A. Proposed MAD 08/02/18 M 18-18 (#18080001)City Citywide Special Events Permit/Temporary Use Permit A. Proposed MAD 06/27/18 M 21-10 City Citywide Historical Resource Inventory (additions, removals)A. Proposed CM City wide no 05/04/18 AS 18-09 (18050017) Z 18-04 (18050018)Arrow Sign Co.Automall Pkwy. Zoning Amendment - Sign Ordinance -Electronic Billboard A. Proposed CM City wide no 09/04/16 Z 17-02 (#17030053) Wren Investors, Developer; 408- 847-3912 North of Santa Teresa Blvd Glen Loma Ranch Specific Plan update A. Proposed MAD G:\COMDEV\PLANNING\Applications\_APPLICATION LOGS\PLANNING CURRENT PROJECT LOG_10.14.21PLANNING CURRENT PROJECT LOG_10.14.21 8.A Packet Pg. 153 Communication: Planning - Current Project Log - 11/24/2021 (INFORMATIONAL ITEMS) Planning Current Project Log 3 08/25/16 AS 16-33 (#16080044)City of Gilroy W. Luchessa and Miller Ave.New Glen Loma Ranch Fire Station A. Proposed MAD 12/02/15 GPA 15-02 (#15120002), Z 15-12 (#15120004)City Downtown High Speed Rail Station Area Plan - Reactivation of project Contract w HSRA expirs 12/21 A. Proposed KT/CM 11/26/12 A 12-01 (#12110049) Z 12-09 (#12110052) Mark Hewell, Developer Phone: 408-483- 2400 Vickery & Kern Avenues Annexation of 5.46 acres and prezone to Neighborhood District A. Proposed CM/MD 7/17/12 USA 14-02 (#14070058), USA 12-01 (#12070023) Wren Investors, Developer; 408- 847-3900 Vickery & Kern Avenues Urban Service Area amendment to incorporate of 55.66+/- acres into Gilroy’s Urban Service Area (USA)A. Proposed CM/MD Z 15-03 (includes Z 20-02 (20060030), Z 15-16 (#15120033)Citywide Comprehensive Zoning Ordinance Update & Admin Draft Zoning Map (Concurrent w GP 2040 GPA 13-02 Project), A. Proposed KT City-Wide Z 20-05 (20090043)City Rescind RDO Zoning Ordinance Text Amendment to Rescind RDO A. Proposed MAD City-Wide G:\COMDEV\PLANNING\Applications\_APPLICATION LOGS\PLANNING CURRENT PROJECT LOG_10.14.21PLANNING CURRENT PROJECT LOG_10.14.21 8.A Packet Pg. 154 Communication: Planning - Current Project Log - 11/24/2021 (INFORMATIONAL ITEMS) Planning Approved Project Log 4 DATE APPROVED (or) BP ISSUED PROJECT ID APPLICANT LOCATION PROJECT DESCRIPTION PROJECT STATUS PLANNER PARCEL NUMBER(S) New Residential Units? Expiration Date City of Gilroy Planning Division Dated:11/24/2021 DATE APPROVED PROJECT ID APPLICANT LOCATION PROJECT DESCRIPTION PROJECT STATUS PLANNER PARCEL NUMBER(S) New Residential Units? Expiration Date 11/1/2021 TUP 21-06 (21090048)Frank Oliver 7300 Monterey Road Temporary Use Permit for Camino Coffee B. Approved KT 841-13-003 10/4/2021 AS 20-14 (20070017), TM 20-03 (20070020), Z 20-04 (20070021)Evergreen LLC 450 9th Street; Tenth and Chestnut commercial carwash, drive through restaurants, convenience store, gas station and hotel on 6.9 acre infil site B. Approved KT 841-66-010, - 011, -014, and -015. 9/17/2021 AS 20-20 (20090052) / TM 20-06 (20090050) / Z 20-06(20090049) Chris Zaballos, 925- 225-7474 9130 & 9160 Kern Avenue The Cottages at Kern. Inlcudes Tentative Map, Planned Unit Development, and Architectural & Site review for a 29-lot subdivision along Kern Avenue, near St. Clar Avenue. Reference DRG M 20-14.B. Approved MC 790-17-002, 790-17-003 29 lots 8/27/2021 AS 21-15 Lennar Hecker Pass N of Autumn Hoey North B. Approved MAD 783-04-023 8/19/2021 AS 21-09 Manny Macias 7811 Miller Ave Backyard Cabana B. Approved MC 808-13-014 6/23/2021 AS 21-04 (321030026)Juan Solis 9145 Tea Tree Wy New 5,931sf single family residence in the hillside B. Approved MAD 783-72-020 1 sfr 6/21/2021 TM 20-08 RJA 6605 Chestnut Subdviding one 9-acre lot into three 3-acre commercial lots B. Approved MC 20120015 5/24/2021 AS 20-15 (20090030)John Shattenburg 5935 & 5975 Rossi New Industrial building to expand existing Silva Sausage operation.B. Approved CM 841-76-026, 841-76-025 5/24/2021 AS 21-08 (21040057)Derek Essary 2030 Portmarnock Way New 4,398 sf single family residence in the hillside B. Approved CM 810-57-029 1 sfr 5/22/2021 VMD 21-01 (21040031)Ann Do 565 Rossi Court New metal picket fence with gate C. Plan Check KT 841-72-003 4/21/2021 AS 21-07 (21040029) - Withrdrawn Satwant Singh 7273 Eigleberry 4 new units attached to existing house. Withdrawn. Pursuing ADUs Only D. Under Construction KT 799-09-029 4 new units 4/8/2021 AS 20-17 (20090039) Michael Davis; 408- 778-7005 305 Gurries 2x new Duets, with 2x ADU's B. Approved KT 799-35-053 4 units - 2 ADUs 3/17/2021 AS 21-03 D&Z design 8340 Wintergreen Court Construction of new 3,830 sf single family residence B. Approved MC 3/12/2021 AS 20-10 (20060031) / Z 20-03 (20060030) Jonathan Emami; 408-728-3636 1520 Hecker Pass Highway 100 affordable units SW corner Hecker Pass @ S. Teresa B. Approved KT 810-66-012 30 VLI, 69 LI 99 Lower Income (TCAC). 3/9/2021 TUP 21-03 KB KB Home TUP for Malvasia Model Home Complex B. Approved MAD 808-18-003 3/9/2021 TUP 21-04 KB KB Home TUP for Nebbiolo Model Home Complex B. Approved MAD 808-18-003 3/9/2021 TUP 21-05 KB KB Home TUP for Town Center Model Home Complex B. Approved MAD 808-18-003 2/4/2021 AS 20-09 (20050041) / CUP 20- 01 (20050042)Judy Lee 8900 Murray Expansion of existing self storage facility with addition of new two-story building. D. Under Construction KT 835-04-069 2/2/2021 AS 21-01 (#21020005)Lon Davis 8805 Forest New 11,868 sf Industrial Shell Building in the industrial M1-MA Overlay B. Approved MC 835-31-031 1/5/2021 ZC 21-01 (2101001 6700 Bram Lane Replace 6 antennas and add 3 B. Approved MC 12/21/2020 A/S 20-24 (20110003)KB Home GLR Specific Plan; Northeast of Santa Teresa & West of Miller Architectural and Site Review for 171 lots in the Glen Loma Ranch Malvasia, Nebbiolo an The Glen neighborhodds B. Approved MAD 808-18-003, 808-18-024, 808-18-025, 808-18-026 171 SFR lots 12/3/2020 TM 20-02, AS 19-14, HP 21-01 301 & 303 E Tenth St Lot Split 303 E Tenth for O'Reilly Building, new 7ksf autoparts store C. Plan Check KT 10/15/20 MM 20-29 M Bahriny 1360 B First St Mama Mias Patio and Sign B. Approved KT 9/21/2020 AS 20-16 (20090034)Juvenal Quezada 7121 Monterey New Canopy, repainting of primary building, and re- striping of parking lot.-Mariscos BP 21010058. Extension to 9/3/21 C. Plan Check KT 799-10-049 11/30/2022 Description: This log contains major planning projects approved but not completed (e.g., pending issuance of building permits, construction or occupancy). This information is maintained for tracking, CEQA and traffic modeling. Most planning approvals initially are valid for 1 year (2 years for subdivisions), and shall expire if not implemented or granted an extension. NOTE: Gilroy City Council extended all approvals of projects that would otherwise expire in 2020/2021-during the COVID SIP period-to May 31, 2021. The state further granted an 18-month extension for residential projects in effect prior to March 4, 2020 and set to expire prior to December 31, 2021 (Government Code, Section 65914.5). Thus, the expiration date of all residential project approvals otherwise due to expire on the May 31, 2021 date has been further extended to November 30, 2022. Contact the planning division at PlanningDivision@CityofGilroy.org or call (408) 8 46-0440 if you have any questions regarding this information. 8.A Packet Pg. 155 Communication: Planning - Current Project Log - 11/24/2021 (INFORMATIONAL ITEMS) Planning Approved Project Log 5 07/29/20 AS 19-17 TM 19-01 (See Also Z 19-03)M Huang 95 Farrell Avenue Subdividing single 43,592 SF lot into 4 single family lots. 3 will be 6,694 SF parcels and one will be a 15,710 flag parcel.B. Approved KT 3 new SFR lots - Market Rate - 07/17/20 AS 20-04 (20020013)Jose Montes 7533, 7530, 7539 Monterey Retro-fitting of historic URM building. Proposal for mixed- use building with (3) restaurants and (3) residential units. Extension request anticipated July 2021 B. Approved CM 799-06-049 6/29/2020 AS 20-11 (20060035) Laura Hennessee; 408-621-4695 Monterey Alpine Landscaping Remodel of Existing Site D. Under Construction KT 790-27-036 7/16/2021 06/26/20 AS 19-12 (19050022) HP 17-02 (#17070020)Jonathan Emami First Street and Kern Avenue 4-story, 120-unit apartment on approximately148,456 in- fill multi-family property adjacent to C-3. Permits Issued D. Under Construction KT 12 VLI, 117 LI119 Lower Income Apt Units (TCAC) 5/18/2020 AS 20-07 (20050016) Jeffrey Krausse (Architect) 6805Silacci Way New Office / Warehouse buildings. Reference M 20-01 for DRG pre-application file.B. Approved MC 7/25/2021 04/03/20 AS 20-03 (20010033) John Krukar (Architect)1505 Welburn Avenue Second floor addition to existing residential hillside home D. Under Construction CM 783-23-046 3/15/2020 AS 20-06 (20030015)Monterey Façade modifications to vines and pints building DHD district. D. Under Construction KT 799-06-054 2/18/2020 AS 20-05 (20020025) Tomas Osinski; 323- 226-0576 2202 Columbine new, 5,574 square foot home with a 720 square foot attached garage.B. Approved MC 783-72-061 1sfr 1/17/20 AS 20-01 Wren Investors, Developer; 408-847- 3921 6585 Eagle Ridge Court Construct a new, 5 bed, 5.5 bath, 2 story, 4312 sq. ft. single family residence, with attached 3 car accessory garage.B. Approved MC 810-72-0260 1sfr 12/31/19 AS 19-27 (19120038) Deepak Patankar / Architect; 415-312- 0454 7880 Monterey Demolition of Fosters and the construction of a new dentist office in the downtown expansion district.- SEE MM 19-27 (21060007) Amended Approval B. Approved KT 12/11/19 AS 19-26 (19120012)Debra Mercado 1870 Carob Court New 4,862 sq. ft. hillside residence with 1,349 sq. ft. lower level garage.B. Approved MC 1sfr 11/30/2022 11/27/19 AS 19-23 (19110032)Larissa Dickerson 7797 Monterey Architectural remodel for a beer garden and brew house in a historic home.B. Approved MC 11/30/2022 11/27/19 CUP 19-01 (19110033)Larissa Dickerson 7797 Monterey Conditional Use Permit for a beer garden and brew house in a historic home.B. Approved MC 11/27/19 AS 19-24 (19110035)Steve Hernandez 10 West 7th Street Remodel of an existing commercial building, Expires 10/9/21 B. Approved KT 799 09 053 11/30/2022 10/16/19 AS 19-22 Debra Mercado Foxglove Court Single-family hillside home B. Approved MC 1sfr 10/15/19 AS 19-21 Ruben Gurrero 7648 Monterey Re-roofing and rollup door replacement at boxing gym B. Approved MC 11/20/222 10/04/19 AS 19-20 Alfred Y. Gaetos; 408-262-8400 x143 165 Martin Street Historic Restoration of Single Family Home D. Under Construction MC 09/24/19 AS 19-18 SCRWA 1500 Southside DR New Maintenance Facility Upgrades - no expansion of use D. Under Construction KT 11/30/2022 09/04/19 AS 19-16 (19090002)Andrew Raymundo 7300 Monterey TI to convert gas station to 40 seat coffee shop (indoor and outdoor seating area)B. Approved MC 08/05/19 AS 19-15 Wren Investors, Developer; 408-847- 3902 9005 Mimosa Court Construct a new single story 3,145 square foot single- family house with a 709 square foot garage in an RH District. D. Under Construction MC 1sfr 06/28/19 AS 19-14 (19060034) VMD 19-01 Scott Kraus-Oreilly, M Conrotto-Owner E 10th Street 7,000 sf O'Reilly Auto Parts Store with reduced street sideyard setback along Chestnut Street.C. Plan Check KT 06/27/19 AS 19-13 (19060033)Steve Caspari, Jr 1905 Saffron Court New swimming pool/ retaining walls in Residential Hillside. P19050179 D. Under Construction KT 06/24/19 MM 19-08 (#19060027) Peter Larson Obata Way Extension of approval AS17-23 (expires 7/20/20) - New warehouse for steel construction company C. Plan Check KT 841 76 012 06/07/19 MM 19-13 (19050039) VMD 19-02 Avery Cypress Point LC 8200 Kern New fence and gate for apartment complex security (resubmitted 10/16/19) D. Under Construction KT 06/07/19 MM 19-17 (BP#19010082)8797 Monterey Establish contractor yard on existing unoccupied site - Alpine Landscapes permanent site relocation from MA overlay area. D. Under Construction KT 05/06/19 M 18-29 city Sports Complex Phase 3 B. Approved tbd 11/30/2022 04/19/19 AS 19-11 (19040026)Loret Mussallem 8350 Winter Green Court Single Family Hillside Home D. Under Construction MC 1sfr 04/05/19 AS 19-10 (#19040011)Joe Magana 6455 Automall Pkwy. New 3,250 sq. ft. freestanding metal canopy. Building Permit #19080090 D. Under Construction KT/MC 11/21/2019 04/02/19 AS 19-09 (19040007)Warren Geisert 2281 Banyan Court Single Family Hillside Home B. Approved MC 1sfr 8.A Packet Pg. 156 Communication: Planning - Current Project Log - 11/24/2021 (INFORMATIONAL ITEMS) Planning Approved Project Log 6 03/20/19 AS 19-07 (1903038) Efrain Coria, Applicant 7888 Monterey Mixed use 3-story bld. 2 commercial "live/work" units + 10 residential units, ground level parking B. Approved MC 10 units 7/7/2021 03/13/19 AS 19-06 (19030026) D&Z Design, Architect (Debra Mercado)Saffron Court Single Family Hillside Home C. Plan Check MC 1 sfr, Expires Nov 30 2022 03/05/19 AS 19-05 (190030013)Clayton Johnson Winter Green Court Single Family Hillside Home C. Plan Check MC 1sfr 9/5/2021 03/04/19 AS 19-04 (19030004)Adolfo Rodriguez Eigleberry Street New second dwelling. Bldg Permit #19040112 applied 4/19/19 D. Under Construction KT 1 ADU 11/30/2022 1/7/2019 AS 16-19 (#16080053) Z 17-03 (#16080006)8955 Monterey 78-unit apartment complex with 9 lower income units and 4,600 sf commercial space B. Approved JW 78 Apts, 9 lower income 11/30/2022 12/19/18 AS 18-35 (18120021) Richard/ Holly Hartman 408-995-0496 660 Birdsong Street Addition of 963 sq.ft to existing SFR D. Under Construction MC 11/30/2022 11/21/18 AS 18-34 (#18110037) Tony Rivellini, 408- 607-3248 9025 Mimosa Court Single Family Hillside Home B. Approved MC 1 sfr - 11/07/18 AS 18-32 (#18110014) Jason Guera, Symmetry Design Build, 408-813- 8760 8950 Mimosa Court Single Family Hillside Home D. Under Construction MC 1 sfr 11/30/2022 11/05/18 TM 16-02 (#16050031) RJ Dyer Real Property Inv Inc, 408-847-1553 for New Hope Community Church Thomas Lane TM for subdividing 14 single-family residential lots. B. Approved KT 14 sfr 10/19/18 AS 18-29 (#18100050) D&Z Design, Architect (Debra Mercado); 408-778- 7005 Banyon Street Single Family Hillside Home. Permit 19030021 submitted.C. Plan Check JW 1sfr 11/30/2022 10/16/18 AS 18-27 (#18100043) James Vergara, Applicant 408-640-4291 Forest Street New 11,796 Sq.Ft Industrial Building (Building Permit #19100106) D. Under Construction KT 10/09/18 AS 18-26 (18100023) CUP 18-05 (#18100024) Brain Spector, Applicant Monterey Building and site improvements for Sumano's commercial bakery C. Plan Check MC 10/08/18 AS 18-25 (#18100020) and TM 16-03 (#16080041) TriPointe Homes, Scott Kramer, 925- 804-2278 Miller Ave. & Santa Teresa Blanc and Noir (formerly the Grove) neighborhood in Glen Loma Ranch: 113 single-famiy dwelling units D. Under Construction MAD 09/20/18 AS 18-22 (#18090026) Wren Investors, Developer; 408-847- 3903 Foxglove Court Single-Family Hillside Home C. Plan Check MC 1sfr 09/14/18 AS 18-21 (#18090018) Tony Rivellini, 408- 607-3248 Wild Iris Drive Single-Family Hillside Home (Building Permit #19010165). Grading only issued 19100040 C. Plan Check KT 1sfr 09/11/18 M 18-25 (#18090009)City Citywide Land Management System (LMS) Acquisition B. Approved JW 11/30/22 09/06/18 AS 18-20 (#18090005)Eagle Garden LLC Southeast corner of Santa Teresa Blvd and 1st St Architectural modification for 202 townhome units B. Approved KT 202 mf 08/27/18 AS 18-19 (#18080070) Jeffrey Eaton, Applicant 408-691-8998 1st Street New 4,016 s.f. commercial building with drive-through BP 19050180 - BP 19090134 90 day extension requested (7/2021)C. Plan Check KT 808 12 037 8/26/2018 TM 18-01 and AS 18-03 Ryder Homes; 925- 768-8338 Hecker Pass/Autumn Drive Hecker Pass North Cluster - approval expires Nov 2022 per CC extensions.B. Approved MAD 08/20/18 AS 18-18 (#18080051) Lon Davis, Architect; 408-778- 2525 Mayock Road New 16,340 s.f industrial warehouse building B. Approved MC 841-76-031 08/16/18 AS 18-16 (#18080044) Sergio Perez, Project manager 925-730-1373 Syrah Court Burgundy (Formerly Home Ranch) Neighborhood in Glen Loma Ranch: 52 single-family detached homes D. Under Construction MAD 808-43-005 08/16/18 AS 18-17 (#18080045) Sergio Perez, Project manager 925-730-1373 S of Solorsano Middle School; E of Santa Teresa Margaux (Formerly Montonico) Neighborhood in Glen Loma Ranch: 84 single-family detached homes D. Under Construction MAD 808-18-017 84 sfr 11/30/2022 08/09/18 AS 18-14 (#18080026) Sergio Perez, Project manager 925-730-1373 Merlot Drive Provence (Formerly Wild Chestnut) Neighborhood in Glen Loma Ranch: 43 single-family detached homes D. Under Construction MAD 808-18-014, 808-18-018 43 sfr 06/18/18 AS 13-35 & TM 13-11 Eagle Garden LLC Santa Teresa Blvd and First St 202 Unit Townhouse Development - Time Extension No 2 (CC Reso 2018-21)C. Plan Check KT 202 t/h 8.A Packet Pg. 157 Communication: Planning - Current Project Log - 11/24/2021 (INFORMATIONAL ITEMS) Planning Approved Project Log 7 06/11/18 TM 18-02 (#18060015) Wren Investors, Developer; 408-847- 3915 North of Santa Teresa, east of Syrah Dr, and west of Miller Ave. TM for three neighborhoods in GLR: Nebbiolo – 103 SF lots; Malvasia – 46 compact SF lots; and The Glen – 23 SF lots C. Plan Check MAD 103, 46, 23 sfr 05/04/18 AS 18-10 (#18050024) Tony Rivellini, Owner Phone: 408-607- 3248 1981 Lavender Way 3,715 SF Single-Family Hillside Home D. Under Construction MC 1 sfr 11/30/2022 03/14/18 AS 17-19 (#17040037) Alexander Angkawijaya, Architect 408-431-2952 8735 Wild Iris Drive Single-Family Hillside Home. P18030015 Issued 10/11/18 D. Under Construction KT 1 sfr 03/07/18 AS 17-18 Gurries 2846 sf duplex on R3 lot D. Under Construction KT 2 units 11/30/2022 02/01/18 AS 18-05 (#18020002) RJA: Chris Patton 408-848-0300 E of Miller btwn Santa Teresa & Luchessa A private park: a trail, a dog park, and other amentities in GLR D. Under Construction MAD 11/30/2022 01/25/18 TM 13-03 (#13040049) Wren Investors, Developer; 408-847- 3914 SW of Santa Teresa, S of Ballybunion/S.Teresa TM 13-03 Time Extension for Kroeger Subdivision: Six SFR lots, three open space parcels, and a private street B. Approved MAD 6sfr 01/17/18 AS 18-04 D & Z Design, Architect 408-778-7005 8955 Mimosa Ct.4418 sf SFR Hillside. D. Under Construction na 1 sfr 01/16/18 AS 18-03 (#18010024), Z 18-01, TM 18-01 Wren Investors, Developer; 408-847- 3905 Hecker Pass 73 SFR lots, 7 common spaces, and public and private streets by establishing a new PUD overlay C. Plan Check MAD 783-04-023 73sfr 12/15/17 AS 17-37 (#17120021) Wren Investors, Developer; 408-847- 3920 Santa Teresa Blvd 158-unit apartment project at Glen Loma Ranch D. Under Construction MAD 158 apt 12/14/17 AS 17-37 (#17120021) Pacific West/Caleb Road. For leasing information, contact DeAnna Gee at dgee@apertopm.co m or 916-613-1650 Glen Loma Ranch Town Center BMR Site BMR Apartments Affordable housing policy exception B. Approved MAD 10/25/17 AS 17-34 D&Z Designs 2282 Gunnera Single-Family Hillside Home - Expires 11/30/22 B. Approved MC 1 sfr 7/29/2022 10/25/17 DUP 17-03 (#17100049) Greg Jaso, Developer 7373 Monterey Lonely Oak Brewery. P18040068 D. Under Construction KT 04/03/17 AS 17-16 (#17040001) D & Z Design, Architect Phone: 408-778- 7005 Hollyhock Lane Single-Family Hillside Home. Building Permit 18040102 D. Under Construction KT 1 sfr 03/30/17 AS 17-15 (#17030085) D & Z Design, Architect Phone: 408-778- 7005 Eagle Ridge 16-lot single-family hillside residential development in Eagle Ridge D. Under Construction JW 16 sfr lots 03/21/17 AS 17-13 (#17030062) James Baldwin, Architect 408-448-2012 1820 Carob Court Single-Family Hillside Home. P18040085 & 19030092 for ADU D. Under Construction KT 1 sfr + 1 ADU 03/09/17 AS 17-11 D & Z 2185 Hollyhock 4878 sf SFR Hillside D. Under Construction MC 1 sfr 03/07/17 AS 17-09 9010 Tea Tree Way 4ksf Hillside SFR D. Under Construction MC 1 sfr 02/07/17 AS 17-05 2242 Columbine 5,027sf New Hillside Residence D. Under Construction na 1 sfr 02/06/17 AS 17-04 205 Mayock Road 10,000 sf addition to industrial building. B17080178 D. Under Construction KT 01/26/17 AS 17-02 (#17010029) Wren Investors, Developer; 408-847- 3904 2475 Hecker Pass Commercial and residential mixed use in HPSD B. Approved MAD MU (Status?) 12/21/16 TM 16-01 Glen Loma Group Glen Loma Ranch 59 SFR Lots (McCutchin and Palomino)B. Approved MAD 59 sfr (Status?)3/12/2022 8.A Packet Pg. 158 Communication: Planning - Current Project Log - 11/24/2021 (INFORMATIONAL ITEMS) Planning Approved Project Log 8 10/25/16 AS 16-47 (#16100026) Walid Nazzal, Architect Phone: 408-772- 6096 Wild Iris Drive Single Family Hillside Home. P18030127 D. Under Construction KT 783 52 031 1 sfr 09/11/16 AS 17-25 (#17070046) Z18-05 (18080018) Chris Vanni, Applicant 408-847-9190 1405 1st Street and Kelton Avenue 12KSF commercial PUD. P18120128,29,30 etc D. Under Construction KT 4/8/2022 09/04/16 AS 17-12 (#17030051) TM 17-01 (#17030052) Wren Investors, Developer; 408-847- 3913 North of Santa Teresa Blvd Tentative Maps for GLR Town Center Multi-Family Area 125-unit townhomes at GLR Town Center Multi-Family Area D. Under Construction MAD 125 units 09/02/16 AS 16-39 G Moore 1980 Lavender Way NSFR Hillside D. Under Construction na 1 sfr 08/12/16 AS 16-30 G Moore 7430 Sunnydale Way NSFR Hillside D. Under Construction na 1 sfr 08/09/16 AS 16-29 D&Z Designs Wild Iris Drive NSFR Hillside C. Plan Check KT 788 52 032 1 sfr 07/01/16 AS 16-26 Truong 2261 Mantelli Drive SFR, Hillside w ADU D. Under Construction na 1 sfr + ADU 03/24/16 MM 19-26, AS 16-08 Eden Housing 450 E 8th Street Repairs and accessibility upgrades D. Under Construction KT 1/12/2016 AS 14-39 (#14100010)Lennar 1645 Anson 6 single-family homes and an 8,600 SF common open space area - 2 homes remain active applied status BP 16010039, 16030202 C. Plan Check MAD 6 sfr (2 remaining - 01/01/16 AS 16-49 R Sharma 8981 Tea Tree Way NSFR Hillside D. Under Construction na 1 sfr 10/26/15 AS 15-37 (#15100042) George Ramstad, Architect 408-842-9942 7320, 7330, 7340 Monterey Renovation of a downtown URM building. Approved 5/26/17 D. Under Construction KT 10/12/15 AS 15-34 (#15100018) C. Salinas, Hanna Brunetti, Lon Davis, 408-842-2173 360-380 Obata Way Two industrial lots -- construction storage yards. Bgrade 18030094 issued 10/17/19 D. Under Construction KT 8.A Packet Pg. 159 Communication: Planning - Current Project Log - 11/24/2021 (INFORMATIONAL ITEMS) Planning Completed Development Log 9 DATE COMPLETED PROJECT ID APPLICANT LOCATION PROJECT DESCRIPTION PROJECT STATUS PLANNER PARCEL NUMBER(S) Residential Units/Status? Date to Remove City of Gilroy Planning Division Dated:11/24/2021 DATE COMPLETED PROJECT ID APPLICANT LOCATION PROJECT DESCRIPTION PROJECT STATUS PLANNER PARCEL NUMBER(S) Residential Units & Density Date to remove 09/20/21 M 18-22(#18080054)City UPRR Right of Way High Speed Rail Gilroy Alignment study - Ongoing (HSRA adopted plan 9.2020 Ongoing/Future KT NA 7/8/2021 M 21-17 (21070003)Amanda Musy-Verdel Miller Ave @ Santa Teresa DRG pre-application for 56-lot subdivision E. Completed KT 810-23-005 56 sfr 05/13/21 CUP 21-01 (also TUP 21-01)Salvador Ascencio 681 Leavesly Outlets Farmers Market @ Outlets parking lot E. Completed CM 835-30-012 no 5/14/2021 04/16/21 M 21-11 University of Silicon Andrha 275 Bolsa Road Conceptual Plan review E. Completed MAD 4/16/2022 04/10/21 M 21-09 Harmony Comm.5878 Garlic Farms Drive CUP Length of Stay Exception E. Completed CM 841 14 079 no 11/30/2022 03/26/21 M 21-05 John Halbom, jhalbonm@leabraze.com, 4083187863 Bluebell and Country Drive Pre-application (DRG) for Hillside Subdivision of 89.5 acres E. Completed KT 783 47 003 50 senior 63 sfr lots 3/26/2022 03/05/21 AS 15-38 John Kennedy 2241 Columbine SFR, Hillside E. Completed KT 1 sfr 3/5/2022 01/28/21 M 21-04 Terry Secore Royal Way Pre-application (DRG) for Development of townhomes and Duplex units on vacant property E. Completed MC 1/28/2022 01/07/21 M 21-01 (21010002 3050 Hecker Pass Gilroy Garlic Festival Special Event for 2021 E. Completed MAD 1/7/2022 01/06/21 Z 21-02 (21010003)Susan Berry Citywide Electrified security fencing/alarm systems code amendment request E. Completed CM City wide no 1/6/2022 12/17/20 TUP 20-06 (20120018)681 Leavesly Dental Marketing Event-Orange Square E. Completed MC 12/17/2021 11/09/20 TUP 20-05 Arroyo Circle Temporary COVID-19 testing facility - thru June 2021 E.Completed 11/9/2021 11/02/20 MA 20-01 7363-7371 Monterey Mills Act Contract E. Completed CM 11/2/2021 11/02/20 MA20-02 7511 Carmel Mills Act Contract E. Completed CM 11/2/2021 11/02/20 GPA 13-02 (#13100001)City Citywide 2040 General Plan Update E. Completed CM City wide 11/2/2021 09/09/20 AS 19-19 1853 Thyme Court Detached garage and residential addition (ADU under separate permit)E. Completed KT ADU 9/9/2021 06/01/20 AS 14-41 (#14100051)Monterey Rd. and Ervin Ct.Gateway Senior Apartment, 75 units E. Completed JW 75 apts 6/1/2021 06/01/20 AS 14-46 (#14120015)5975 Travel Park Circle Hampton Inn 4-story 100 room hotel. P16090068, 19100037, 19060045,46 E. Completed KT 6/1/2021 02/21/20 AS 18-06 (#18020025)9175 Tea Tree Way Single Family Hillside Home. P18060120 E. Completed KT 1sfr 2/21/2021 01/01/20 AS 17-08 (#17030017), HP 18-09 (#18060019)6500-6700 Cameron Blvd. 40,125 sf addition to an existing self-storage facility. Bldg Permits 18050122, 23, 24 E. Completed KT 1/1/2021 11/13/19 AS 16-46 (#16100023)5480 Monterey PFG - Construction of a grocery and dry goods distribution center that includes a 347,651 square- foot warehouse E. Completed SO 11/13/2020 03/01/19 AS 19-03 (#19030002) HP 19-01 (19030003)Terra Ventures LLC Automall Pkwy. New car dealership building. Bldg Permit 19100090 Issued for Site Work E. Completed KT Remove from List 3/1/2020 3/1/2020 12/19/18 AS 17-35 (#17100050) Cameron Waston, Developer; 408-690-3037 Strawberry Lane Single-Family Hillside Home (Bldg Permit #19060072) Expired in Plan Check KT 1 sfr (In building permit review) 07/16/18 M 18-17 (#18070050)City Cities Association RHNA Sub-Region E. Completed City wide 7/16/2020 06/28/16 AS 16-25 (#16060050) Vince Rivero, Architect; 408- 813-2010 Silacci Way 91,045 SF for contractor truck parking and equipment yard. Build Permit 19020025 applied 2/5/19 Expired in Plan Check KT Expired in plan check as of 7/2021 7/1/2022 09/15/14 AS 14-38 N Tuyen Eagle Ridge NSFR Hillside (Bldg Permit 17050137) Expired in Plan Check MC 1 sfr - Expired In Plan Check as of 7/2021 7/1/2022 4/16/2021 M 21-12 Amy Hollor 221 Yamane Pre-application (DRG) for industrial project E. Completed MAD 835-02-057 10/28/21 MM 21-11 (21100049)James Vergara 281 8885 Forest Street Minor landscaping change E. Completed KT 835-31-026 09/02/16 M 16-10 (#16090007)City Tenth Street Glen Loma CEQA analysis of 10th Street bridge project - construction project E. Completed MAD 12/4/2019 M 20-17 City Citywide Create uniform Conditions of Approval for all departments E. Completed MC Description: Includes new development completed wihtin the previous two years. Projects will be removed once they are and accounted for in the City Traffic Model (i.e. occupied or expired for at least 1 year) Contact staff at PlanningDivision@CityofGilroy.org or call (408) 846-0440 if you have any questions regarding this information. 8.A Packet Pg. 160 Communication: Planning - Current Project Log - 11/24/2021 (INFORMATIONAL ITEMS) Planning Completed Development Log 10 5/1/2020 M 20-19 City Citywide Outdoor Dining Registrations (ongoing)E. Completed CM City wide no 10/4/2021 Z 21-01 City Citywide Objective Design Standards E. Completed CM City wide no 12/11/2020 HP 20-02 8885 Forest New small Industrial building Nitrogen Only application E. Completed KT 6/15/2021 HP 20-05 5747 Obata New Industrial building habitat permit.E. Completed KT 6/3/2021 M 21-13 (21050020) Will McPhee, wmcphee@omprop.com, 310-707-3327 625 Luchessa DRG Preapp for four new industrial buildings totaling 1.2msf E. Completed MC 841-73-007; 841-73-008 8.A Packet Pg. 161 Communication: Planning - Current Project Log - 11/24/2021 (INFORMATIONAL ITEMS)