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Resolution 2003-35 RESOLUTION NO. 2003-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AlS 03-16, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (POO) FOR 90 SINGLE-FAMILY HOMES NORTH AND SOUTH OF SUNRISE DRIVE, APNs 790-20-035, 038, 041, 042, 043 WHEREAS, Western Pacific Housing, the applicant, submitted AlS 03-16, an application for architectural and site approval of a Planned Unit Development ("POO") for ninety (90) single-family homes north and south of Sunrise Drive, APNs 790-20-035, 038, 041, 042, 043; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on January 21, 2003, adopted a Negative Declaration for this project in connection with Tentative Map application TM 01-03, finding that the Negative Declaration was completed in compliance with CEQA, that it reflected the independent judgment of the City, and that there was no substantial evidence that the project as mitigated will have a significant effect on the environment; and WHEREAS, the Planning Commission held duly noticed public meetings on May 1,2003, and May 15, 2003, at which time the Planning Commission considered any public testimony, the Staff Report dated April 18, 2003 ("Staff Report"), the Addendum Staff Report dated May 8, 2003 ("Addendum"), and all other documentation related to application AlS 03-16, and recommended that the City Council approve said application with conditions; and WHEREAS, the City Council held a duly noticed public meeting on May 19, 2003, at which time the City Council considered any public testimony, the Staff Report, the Addendum, \GBO\589669.1 052003-04706002 -1- Resolution No. 2003-35 and all other documentation related to application NS 03-16 and thereafter made certain changes to the proposed conditions of approval; and WHEREAS, the City Council determined that twenty-seven (27) lots in this subdivision shall be allowed setback exceptions in compliance with the site plan submitted to the Planning Commission at its May 15, 2003 Special Meeting; and WHEREAS, the City Council modified condition 4 to require colored, stamped concrete driveways throughout this subdivision and to require actual driveway designs to be subject to review and approval of Planning Staff; and WHEREAS, the City Council determined that seventeen (17) conditions should be incorporated into the project as proposed by staff, as modified and added to by the City Council; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby adopts the findings as required by Zoning Ordinance section 50.55 based upon substantial evidence in the record. 1. The project conforms to the Gilroy General Plan in terms of general location and standards of development in that the project is located in an area that the General Plan has designated for residential development, and has generally met or exceeded development standards. 2. The proposed development fulfills a specific need of the surrounding area by \GB0\589669.1 052003-04706002 -2- Resolution No. 2003-35 creating housing that will assist the City in meeting its housing goals. 3. The project does not require urban services beyond those which are available at the project site. 4. The project plan includes several amenities that justify the proposed exceptions and create a harmonious plan. 5. The project abuts a developed area of the City and therefore reflects an economical and efficient use of this property. 6. The project includes landscaping provisions which will meet the intent of the Planned Unit Development ordinance. 7. The project uses aesthetic design principles to create an attractive development. 8. The project as mitigated will not create traffic congestion, noise, odor or other adverse effects on surrounding areas. 9. The project provides adequate access, parking, landscaping, trash areas and storage, as necessary. B. A/S 03-16 should be and hereby is approved subject to: 1. The seventeen (17) final conditions of approval, attached hereto as Exhibit A, and incorporated herein by this reference. 2. The mitigation measures and the MitigationIMonitoring Program attached hereto as Exhibit B, and incorporated herein by this reference. \GB0\589669.1 052003.04706002 -3- Resolution No. 2003-35 PASSED AND ADOPTED this 2ND day of June, 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ~; /) , ,/ "fiJLd/\ &-!~.,,-' Rhonda Pellin, City Clerk \GBO\589669,1 052003-04706002 DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NONE ARELLANO APPROVED: 4rht -4- Resolution No. 2003-35 EXHIBIT A FINAL CONDITIONS OF APPROVAL (A/S 03-16) Plannine Division (contact Melissa Durkin at 846-0440) 1. MITIGATION MEASURES #1 THROUGH #18, contained within the Negative Declaration for this property shall be applied to the approval of the project in order to reduce and/or mitigate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). This shall be subject to the review and approval of the Planning Division. 2. Landscaping: The applicant shall landscape the front yards of each home. Landscaping plans including specifications for an irrigation system shall be approved by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed- free condition, in accordance with the adopted Consolidated Landscaping Policy and the approved specific landscape plan. This shall be subject to the review and approval of the Planning Division. 3, The developer shall be required to instalJ street trees according to the Consolidated Landscaping Policy. The developer will be required to obtain a Street Tree Permit prior to installation of the trees. This shall be subject to the review and approval of the Community Services Division 4. The developer shall provide colored, stamped concrete driveways throughout this subdivision. The actual driveway designs shall be subject to the review and approval of Planning Staff 5, The developer shall provide stucco window trim, shutters, and/or wrought iron on the windows along the side and rear elevations on every home within this subdivision, 6. All fences must meet the requirements of Zoning Ordinance Section 34. 7. All lots with side yards abutting Sunrise Drive must construct and maintain their side yard fences at a setback of 10-feet from the Sunrise Drive property line, The developer shall disclose this requirement to the buyers of these lots. 8. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. This is subject to the review and approval of the Planning Division. 9, Building colors shall be earth tones subject to the review and approval of the Planning Division. Fire Deoartment (contact Rodger Maggio at 846-0430) 10, The Building, Life, and Environmental Safety Division shall approve all hydrant locations and water main sizing prior to building permit issuance, Equipment and staffing shall be provided for watering of all exposed or disturbed soil surfaces at least twice daily. An appropriate dust palliative or suppressant, added to water before application, shall be utilized, subject to review and approval by the Building, Life, and Environmental Safety Division, A/S 03-16, Western Pacific Housing Final Conditions of Approval 2 5/21/03 11, An all-weather access road for fire engines shall be provided before commencing any combustible construction. Fire hydrants shall also be installed and maintained before combustible construction begins, 12. Hydrant locations and water main sizing shall be subject to approval by the Building, Life, and Environmental Safety Division, prior to the issuance of any building permits. En2ineerim! Division (contact Kristi Abrams or Don Nunes at 846-0450) 13. Street improvements and the design of all storm drainage, sewer, and water lines, and all street sections and widths shall be subject to the review and approval ofthe Engineering Division, 14. The Engineering Division shall assign street addresses. 15, The applicant shall provide a soils report to the Engineering Division. Buildim! Division (contact Nancy McDonald at 846-0430) 16, The following language shall be included on any permits issued at the project site, subject to the review and approval of the Gilroy Engineering and Building Divisions. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays." City Council-added Condition 17, Twenty-seven lots in this subdivision shall be allowed setback exceptions in compliance with the site plan submitted to Planning Commission at the May 15,2003 Special Meeting. Community Development Department Planning Division NEGA TIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 846-0440 City File Number: TM 01-03 Proiect Description: Name of Project: Nature of Project: Rancho Hills/Deer park Subdivision Tentative Map to create 247 residential lots and two remainder parcels 0 n a 76-3: -acre site. T he total build out of this site will result in the development of 334 single-family homes. Proiect Location: Location: Property is located north and south of Sunrise Drive, west of Santa Teresa Boulevard Assessor's Parcel Numbers: 783-20-003, 783-20-004, 783-20-035, 783-20-038, and 783-20-041. Entity or Person(s) Undertakin2 Proiect: Name: Address: Glen Loma Group (c/o John Filice) 7888 Wren Avenue, Suite D-143, Gilroy, CA 95020 Initial Study: An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020. E><'HIBIT B Rancho Hills/Deer Park Subdivision Revised Negative Declaration 2 12/9/2002 Findin2s & Reasons: The Initial Study identified potentially significant effects on the environment. However, this project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. The following reasons will support these findings: 1. The proposal is a logical component of the existing land use of this area. 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies and construction of off-site improvements. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. 4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgement of the City of Gilroy. Miti2ation Measures: 1. The following dust control measures shall be incorporated into all permits for any phase 0 f proposed construction on the project site. The measures shall be implemented as necessary to adequately control dust subject to the review and approval of the Gilroy Engineering and Building Division. The following measures shall be implemented at all construction sites: ~ Water all active construction areas at least twice daily; ~ Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; ~ Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; ~ Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; ~ Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following additional measures shall be implemented at construction sites greater than four acres In area: Rancho Hills/Deer Park Subdivision Revised Negative Declaration 3 12/912002 ~ Hydroseed or appJy (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); ~ Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); ~ Limit traffic speeds on unpaved roads to 15 mph; ~ Install sandbags or other erosion control measures to prevent silt runoff to public roadways; ~ Replant vegetation in disturbed areas as quickly as possible. The following measures may be implemented at construction sites that are very large or are located near sensitive receptors: ~ Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; ~ Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; ~ Limit the area subject to excavation, grading and other construction activity at anyone time. 2. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, field surveys shall be conducted by a qualified biologist to determine if burrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and/or breeding season of burrowing owls (February 1 through August 31) and/or during the winter residency period (December 1 through January 31). If active nests are found in the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: ~ Avoidance of occupied burrows during the nesting season (February 1 through August 31); ~ Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat; ~ Enhancement of existing burrows and/or creation of new burrows; ~ Passive relocation of burrowing owls. Rancho Hills/Deer Park Subdivision Revised Negative Declaration 4 12/912002 3. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities occurring within 200 feet of trees located on and adjacent to the project site, a tree survey shall be conducted by a qua lified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree shall be postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, at the discretion of the biologist. If construction activities are not scheduled between March I and August 1, no further surveys of the tree shall be required. 4. Prior to the issuance of a building permit, the project developer shall submit a Landscape PJan, for review and approval by the City of Gilroy pJanning Division, indicating the location, size and species of existing trees found within the project site boundaries. The plan shall indicate which trees are planned for removal. Based on review of the Landscape Plan, the City shall determine which trees, if any, are "significant." If significant trees are determined to be located on the project site, these trees shall be retained, to the greatest extent feasible. The drip line of significant trees to be retained shall be fenced prior to grading activities to prevent root damage. If retention of all significant trees on the project site is not feasible, a written report shall be prepared by a certified arborist including the number and location of each significant tree to be removed, the type and approximate size of each significant tree, the reason for removaJ, and specifications for repJacing significant trees to be removed. The written report shall be prepared prior to the commencement of grading activities, subject to approval by the City of Gilroy Planning Division. 5. Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined t 0 b e significant, .appropriate mitigation measures shall be formulated and implemented. 6. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA GuideJines section 15064.5(e): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Rancho Hills/Deer Park Subdivision Revised Negative Declaration 5 12/9/2002 Heritage Commission within 24 hours. The Native American Heritage Commission shall identifij the person or persons it belie'ves to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excamtion work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as pfO'vided in Public Resources Code Section 5097.98. The landowner or his authorized representati've shall rebunj 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 identifij a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 7. The project de veloper shall submit a s oils investigation prepared for the project by a qualified soils engineer. The recommendation of the soils investigation shall be incorporated int 0 the f inaJ building plans a nd shall be reviewed and approved by the Gilroy Engineering Division prior to approval of the building permit. The purposes of the soils investigation are to determine the exact soils characteristics and limitations on the site, and tor ecommend a ppropriate engineering specifications for development of the site. 8. Prior to any demolition, grading, or construction activities on the project site, the applicant shall prepare a storm water pollution prevention program under the National Pollution Discharge Elimination System General Construction permit. The Storm Water Pollution Prevention Program is subject tor eview a nd approval by the Central Coast Regional Water Quality Control Board and the Gilroy Engineering Division 9. Prior to any grading or construction activities within 50 feet of the Santa Clara Valley Water District c anaJ, t he applicant shall 0 btain a permit from the Santa C lara Valley Water District. 10. Design an acoustically-effective noise barrier and incorporate into the final improvement pJans, subject to review and approval by the City Planning Division, prior to the approval of the final map for each phase ofthe project. Construct a 10 feet high acoustically effective barrier along the property line contiguous ','lith Santa Terosa Boulevard. To controJ flanking noise, continue the Construct an acousticallv effective barrier along the north and south property lines at a height of 9 feet for 30 feet, and at 8 feet for 15 feet. Along the north property line continue the barrier at 7 feet high for 40 feet and at 6 feet high for 220 feet. Along the property line on the north side of Sunrise Drive, continue the barrier at 7 feet high along properties adjacent to and backing Sunrise Drive. The barrier heights are in reference to the nearest building pad elevation (refer to Figures 1 and 2 in the Traffic Noise Assessment Study included as Appendix A to this initial study). Rancho Hills/Deer Park Subdivision Revised Negative Declaration 6 12/912002 This proiect shall attenuate sound alon2: Santa Teresa Boulevard by constructin2: an acoustically effective barrier that complies with the City'S Guidelines for Sound Attenuation and Visual Preservation of the Santa Teresa Boulevard Corridor. Specifically. this proiect shall use the followin2: measures to attenuate noise: . Distance from the roadway . Landscapin2: . Berm with short aesthetic solid wall 11. Design an acoustically-effective noise barrier and incorporate into the final improvement plans, subject to review and approval by the City Planning Division, prior to the approval of the final map for each phase of the project. The acoustically-effective barrier shall be constructed seven feet high along the sides of the homes located at the access streets along Sunrise Drive. For houses that side to Sunrise Drive, turn the barrier to connect air-tight to the side of the home to prevent sound leakage into the side and rear yards. For homes that face Sunrise Drive, the side yard barriers may be six feet high. Construct a six-foot high barrier along the westerly lot line of Lot 87 on the south side of Sunrise Drive. The side yard barriers of the easterly lot of Remainder Parcel B shall be seven feet high and the rear yard barrier shall be six feet high. The sound attenuation alon2: Sunrise Drive shall comply with the "Conceptual End-block Treatment" depicted on Tentative Map pa2:e 2. 12. Install windows rated with a minimum Sound Transmission Class (STC) 28 at all noise-impacted facades along Santa Teresa Boulevard. Provide some type of mechanical ventilation. Provide some type of mechanical ventilation, as all windows of second floor living spaces within 360 feet of the centerline of Santa Teresa Boulevard and with a direct or side view of the roadway should remain closed at all times to maintain acceptable interior noise. 13. Install windows rated with a minimum Sound Transmission Class (STC) 28 at the windows of second floor and unshielded first floor living spaces within 140 feet of the centerline of Sunrise Drive and with a direct side view of the roadway. Provide some type of mechanical ventilation, as all windows in these spaces should remain closed at all times to maintain acceptable interior noise. 14. The following language shall be included on any permits issued at the project site, subject to the review and approval of the Gilroy Building Division. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays. 11 15. The project proponent shall prepare and implement a noise attenuation, landscape and irrigation plan to include, but not be limited to the following: The noise attenuation feature design shall include landscaping that will not only be aesthetically-pleasing but will also discourage graffiti. Electrical serviced and water service shall be provided to the landscaped area. A funding mechanism shall be provided for the maintenance of the sound attenuation feature and landscaping. Rancho Hills/Deer Park Subdivision Revised Negative Declaration 7 12/9/2002 16. The roadway improvement described below is regional in nature. It is required for this, and other Gilroy projects to improve intersection operations to acceptable levels of service. The project proponent shall be subject to the following: ~ The project proponent shall make a "fair share" (pro-rata based on traffic added) contribution acceptable by the Santa Clara County Public Works Director in lieu of installing a traffic signal at the intersection of Santa Teresa Boulevard/Fitzgerald Avenue. The applicant's contribution toward this improvement fulfills this mitigation requirement and relieves the applicant of further responsibility associated with the improvement in conjunction with Tentative Map 01-03 and the associated environmental document. The project applicant shall be responsible for retaining a qualified traffic consultant to determine the "fair share" contribution. In the event that the County does not accept the applicant's contribution, the applicant will pay to the City of Gilroy the amount determined by the applicant's traffic consultant as approved by City staff. The City will then determine the appropriate time to compensate for this improvement. 17. The project proponent shall include the following road improvement plans with the Final Map. The improvements, shall be constructed prior to occupancy ofthe last unit or as projected to meet warrant, whichever comes first, subject to the review and approval of the City Engineer. ~ Traffic signal installation at the intersection of Santa Teresa Boulevard/Sunrise Drive; ~ Pavement and lane installation on Santa Teresa Boulevard necessary to accommodate the traffic signal movements. 18. The project deveJoper shall construct a continuous sidewalk, with wheelchair curb ramps at all driveways and intersections in compliance with the Americans with Disabilities Act (ADA), along the portion of Sunrise Drive that borders the project site. Subject to the review and approval of the Gilroy Engineering Division. Date Prepared: October 7, 2002 End of Review Period: October 30, 2002 Date Adopted by City Council: William Paus Planning Division Manager Rancho Hills/Deer Park Subdivision Mitigation Monitoring Checklist Step 1. Prior to approval of the final map, the following mitigation measures shall be addressed: Mitigation Measure 10 Design an acoustically-effective noise barrier and incorporate into the final improvement plans, subject to review and approval by the City Planning Division, prior to the approval of the final map for each phase of the project. Construct a 10 feet high acoustically-effective barrier along the property line contiguous with Santa Teresa Boulevard. To control flanking noise, continue the barrier along the north and south property lines at a height of 9 feet for 30 feet, and at 8 feet for 15 feet. Along the north property line continue the barrier at 7 feet high for 40 feet and at 6 feet high for 220 feet. Along the property line on the north side of Sunrise Drive, continue the barrier at 7 feet high along properties adjacent to and backing Sunrise Drive. The barrier heights are in reference to the nearest building pad elevation (refer to Figures 1 and 2 in the Traffic Noise Assessment Study included as Appendix A to this initial study). Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Planning Division Mitigation Measure 11 Design an acoustically-effective noise barrier and incorporate into the final improvement plans, subject to review and approval by the City Planning Division, prior to the approval of the final map for each phase of the project. The acoustically-effective barrier shall be constructed seven feet high along the sides of the homes located at the access streets along Sunrise Drive. For houses that side to Sunrise Drive, turn the barrier to connect air-tight to the side of the home to prevent sound leakage into the side and rear yards. For homes that face Sunrise Drive, the side yard barriers may be six feet high. Construct a six-foot high barrier along the westerly lot line of Lot 87 on the south side of Sunrise Drive. The side yard barriers of the easterly lot of Remainder Parcel B shall be seven feet high and the rear yard barrier shall be six feet high. Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Planning Division City of Gilroy 1 Rancho Hills/Deer Park Subdivision Mitigation Monitoring Checklist Mitigation Measure 15 The project proponent shall prepare and implement a noise attenuation, landscape and irrigation plan to include, but not be limited to the following: The noise attenuation feature design shall include landscaping that will not only be aesthetically-pleasing but will also discourage graffiti. Electrical serviced and water service shall be provided to the landscaped area. A funding mechanism shall be provided for the maintenance of the sound attenuation feature and landscaping. Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Planning Division Mitigation Measure 17 The project proponent shall include the following road improvement plans with the Final Map. The improvements, shall be constructed prior to occupancy of the last unit or as projected to meet warrant, whichever comes ftrst, subject to the review and approval of the City Engineer. Traffic signal installation at the intersection of Santa Teresa Boulevard/Sunrise Drive; Pavement and lane installation on Santa Teresa Boulevard necessary to accommodate the traffic signal movements. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Step 2 The following mitigation measures shall be implemented prior to issuance of a grading permit: Mitigation Measure 1 The following dust control measures shall be incorporated into all permits for any phase of proposed construction on the project site. The measures shall be implemented as necessary to adequately control dust subject to the review and approval of the Gilroy Engineering and Building Division. The following measures shall be implemented at all construction sites: . Water all active construction areas at least twice daily; City of Gilroy 2 Rancho Hills/Deer Park Subdivision Mitigation Monitoring Checklist . Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; . Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; . Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; . Sweep streets daily (with water sweepers) ifvisible soil material is carried onto adjacent public streets. The following additional measures shall be implemented at 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; . Replant vegetation in disturbed areas as quickly as possible. The following measures may be implemented at construction sites that are very large or are located near sensitive receptors: . Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; . Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; . Limit the area subject to excavation, grading and other construction activity at anyone time. Party Responsible Jor Implementation: Party Responsible Jor Monitoring: Applicant Gilroy Planning and Building Division Mitigation Measure 2 Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, field surveys shall be conducted by a qualified biologist to determine if burrowing owls are City of Gilroy 3 Rancho Hills/Deer Park Subdivision Mitigation Monitoring Checklist present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and/ or breeding season of burrowing owls (February 1 through August 31) and/ or during the winter residency period (December 1 through January 31). If active nests are found in the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department ofFish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department ofFish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: . Avoidance of occupied burrows during the nesting season (February 1 through August 31); · Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat; · Enhancement of existing burrows and/or creation of new burrows; · Passive relocation of burrowing owls. Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Planning Division Mitigation Measure 5 Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Planning Division City of Gilroy 4 Rancho Hills/Deer Park Subaivision Mitigation Monitoring Checklist Mitigation Measure 6 In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Planning Division Mitigation Measure 8 Prior to any demolition, grading, or construction activities on the project site, the applicant shall prepare a storm water pollution prevention program under the National Pollution Discharge Elimination System General Construction permit. The storm water pollution prevention program shall include grease traps and a sedimentation basin adequate for filtering out heavy storm water contaminants such as silt. Additional measures as presented in "Start at the Source, Design Guidance Manual for Storm Water Quality Protection," prepared by the Bay Area Storm Water Management Agencies Association may be included in the plan as needed. The storm water pollution prevention program is subject to review and approval by the Central Coast Regional Water Quality Control Board and the Gilroy Engineering Division. City of Gilroy 5 Rancho Hills/Deer Park Subdivision Party Responsible for Implementation: Party Responsible for Monitoring: Mitigation Measure 9 Mitigation Monitoring Checklist Applicant Gilroy Engineering Division Prior to any grading or construction activities within 50 feet of the Santa Clara Valley Water District canal, the applicant shall obtain a permit from the Santa Clara Valley Water District. Party Responsible for Implementation: Party Responsible for Monitoring: Mitigation Measure 14 Applicant Gilroy Engineering Division The following language shall be included on any permits issued at the project site, subject to the review and approval of the Gilroy Building Division. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays." Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Building Division Step 3 The following mitigation measures shall be implemented prior to issuance of a building permit: Mitigation Measure 3 Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities occurring within 200 feet of trees located on and adjacent to the project site, a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/ or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree shall be postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, at the discretion of the biologist. If construction activities are not scheduled between March 1 and August 1, no further surveys of the tree shall be required. Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Planning Division City of Gilroy 6 Rancho Hills/Deer Park Subdivision Mitigation Monitoring Checklist Mitigation Measure 4 Prior to the issuance of a building permit, the project developer shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division, indicating the location, size and species of existing trees found within the project site boundaries. The plan shall indicate which trees are planned for removal. Based on review of the Landscape Plan, the City shall determine which trees, if any, are "significant." If significant trees are determined to be located on the project site, these trees shall be retained, to the greatest extent feasible. The drip line of significant trees to be retained shall be fenced prior to grading activities to prevent root damage. Ifretention of all significant trees on the project site is not feasible, a written report shall be prepared by a certified arborist including the number and location of each significant tree to be removed, the type and approximate size of each significant tree, the reason for removal, and specifications for replacing significant trees to be removed. The written report shall be prepared prior to the commencement of grading activities, subject to approval by the City of Gilroy Planning Division. Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Planning Division Mitigation Measure 7 The project developer shall submit a soils investigation prepared for the project by a qualified soils engineer. The recommendation of the soils investigation shall be incorporated into the final building plans and shall be reviewed and approved by the Gilroy Engineering Division prior to approval of the building permit. The purposes of the soils investigation are to determine the exact soils characteristics and limitations on the site, and to recommend appropriate engineering specifications for development of the site. Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Engineering Division Mitigation Measure 12 Install windows rate minimum Sound Transmission Class (STC) 28 at all noise- impacted facades along Santa Teresa Boulevard. Provide some type of mechanical ventilation. Provide some type of mechanical ventilation, as all windows of second floor living spaces within 360 feet of the centerline of Santa Teresa Boulevard and with a direct or side view of the roadway should remain closed at all times to'maintain acceptable interior noise. Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Building Division City of Gilroy 7 Rancho Hills/Deer Park SUbdIvision Mitigation Monitoring Checklist Mitigation Measure 13 Install windows rated minimum Sound Transmission Class (STC) 28 at the windows of second floor and un shielded first floor living spaces within 140 feet of the centerline of Sunrise Drive and with a direct side view of the roadway. Provide some type of mechanical ventilation, as all windows in these spaces should remain closed at all times to maintain acceptable interior noise. Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Building Division Step 4 Prior to occupancy of the homes, the following mitigation measures shall be implemented: Mitigation Measures 10 & 11 Construct the acoustically-effective barriers designed in the final improvement plans during each phase of construction. Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Building Division Mitigation Measure 18 The project developer shall construct a continuous sidewalk, with wheelchair curb ramps at all driveways and intersections in compliance with the Americans with Disabilities Act (ADA), along the portion of Sunrise Drive that borders the project site. Subject to the review and approval of the Gilroy Engineering Division. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Mitigation Measure 17 The project proponent shall include the following road improvement plans with the Final Map. The improvements, shall be constructed prior to occupancy of the last unit or as projected to meet warrant, whichever comes first, subject to the review and approval of the City Engineer. . Traffic signal installation at the intersection of Santa Teresa Boulevard/Sunrise Drive; . Pavement and lane installation on Santa Teresa Boulevard necessary to accommodate the traffic signal movements. Party Responsible for Implementation: Applicant City of Gilroy 8 Rancho Hills/Deer Park Subdivision Mitigation Monitoring Checklist Party Responsible for Monitoring: Gilroy Engineering Division Step 5 Prior to occupancy of the seventieth (70th) home, the following mitigation measures shall be implemented: Mitigation Measure 16 The roadway improvement described below is regional in nature. It is required for this, and other Gilroy projects to improve intersection operations to acceptable levels of service. The project proponent shall be subject to the following: · The project proponent shall make a "fair share" (pro-rata based on traffic added) contribution acceptable by the Santa Clara County Public Works Director in lieu of installing a traffic signal at the intersection of Santa Teresa Boulevard/Fitzgerald Avenue. The applicant's contribution toward this improvement fulftlls this mitigation requirement and relieves the applicant of further responsibility associated with the improvement in conjunction with Tentative Map 01-03 and the associated environmental document. The project applicant shall be responsible for retaining a qualifted traffic consultant to determine the "fair share" contribution. In the event that the County does not accept the applicant's contribution, the applicant will pay to the City of Gilroy the amount determined by the applicant's as approved by the City staff. The City will then determine the appropriate time to compensate for this improvement. Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Engineering Division and Santa Clara County Public Works Department City of Gilroy 9 I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2003-35 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day of June, 2003, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 23rd day of June, 2003. f{Q (Seal)