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Resolution 2004- 57 :- RESOLUTION NO. 2004-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 03-05, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 13 ACRE SITE INTO 137 RESIDENTIAL LOTS, A PRIVATE PARK SITE AND PRIVATE STREETS AT THE SOUTHEAST CORNER OF WREN AVENUE AND FIRST STREET, APNS 808-12- 011,026,027,028 AND 808-08-11 WHEREAS, Oak Commons/O'Brien Group, the applicant, submitted TM 03-05, requesting a tentative map to subdivide approximately 13 acres into one-hundred thirty-seven (137) residential lots, a private park and private at the southeast comer of Wren Avenue and First Street, APNs 808-12-011, 026, 027, 028 and 808-08-11; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on May 3, 2004, adopted a mitigated Negative Declaration for this project, the City Council finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; and WHEREAS, the Planning Commission held a duly noticed public hearing April 21, 2004, at which time the Planning Commission considered the public testimony, the Staff Report dated April 9, 2004 ("Staff Report"), and all other documentation related to application TM 03-05, and recommended that the City Council approve said application with conditions; and WHEREAS, the City Council held a duly noticed public hearing on May 3, 2004, at which time the City Council considered the public testimony, the Staff Report, a Supplemental Staff Report dated April 22, 2004, and all other documentation related to application TM 03- 05; and \GBO\624200.1 051604-04706089 -1- Resolution No. 2004-57 WHEREAS, the City Council determined that the thirty (30) conditions set forth in the Staff Report and recommended by the Planning Commission should be incorporated into the project; 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. SECTION I NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds as follows: 1. The project is substantially consistent with the City's General Plan in that while the project is only minimally non-conforming to the site's land use designation, it is clearly consistent with the intent of the General Plan's goals and policies. 2. The project is consistent with the Zoning Ordinance, the City's Subdivisions and Land Development Code, and the State Subdivision Map Act. 3. Public utilities and infrastructure improvements needed to serve the proposed project are in close proximity. 4. The project is consistent with surrounding development. 5. There is no substantial evidence in the entire record that the proj ect will cause a significant environment effect. 6. There are no facts to support the findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474. B. Tentative Map TM 03-05 should be and hereby is approved, subject to the thirty (30) conditions attached hereto as Exhibit A and incorporated herein by this IG801624200,1 051604.04706089 -2- Resolution No. 2004-57 reference, and the Negative Declaration and Mitigation Monitoring Program attached hereto as Exhibit B. SECTION II This Resolution shall become effective, and approval of TM 03-05 granted, if, and only if, and upon the same date that Ordinance No. 2004-08 approving Z 03-l4B becomes effective. If said Ordinance does not take effect, then TM 03-05, without further actions by the City Council, is denied. PASSED AND ADOPTED this 7th day of June, 2004 by the following AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE APPROVED: ~ Aje: (l 'ck~\r' ~ Rhonda Pellin, City Clerk IGB01624200.1 051604-04706089 -3- Resolution No. 2004-57 Z 03-14, TM 03-05, AS 03-30 EXHIBIT A APPENDIX 1: TENTATIVE MAP CONDITIONS~ 1. MITIGATION MEASURES #1 ~hrough #12 contained within the Negative Declaration dated February 20 for Oak Commons Planned Unit Development for the subject project, shall be applied to the approval of this Tentative Map in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required nnder the California Environmental Quaility Act (CEQA). 2. Subdivider shall defend, indemnify, and hold hannless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City , or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim., action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 3. Vector based e-:files will be required prior to final project approval, readable by AutoCAD (IGES, DXF, DWG), containing lot and street layout and all City utilities. These files will be used to update the City's GIS system. 4. Stonn sewer shall be private throughout the development. , 5. Public water and sewer in private road stops at valve on main leading to driveways/courts for clusters, Each home will have its own sewer lateral. 6. Street light locations are subject to review and approval of the City Engineer, 7. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 8. All work is to be done in compliance with the City of Gilroy Specifications and Standards. 9. Public and private street improvements and the design of all storm drainage, sewer and water lines, and all public and private street sections and public street widths shall be by City Standard. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements in substantial conformance with the vesting tentative map. 10. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show the grades of all adjacent properties. no~ N3HO~ ~ M3NI'M3a - ___a___..__.a_-,.- 6Ls69ca90t XVd OT:CT 3n~ to/TO/gO I I . Z 03-14~ TM 03-05. AS 03-30 2 4/9/04 11. 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. 12. If the project has excess fill that will be off-hauled to a site within the city limits of Gilroy, an additional pennit is required. This statement must be added as a general note to the Grading and Drainage Plan. 13. All utilities to, through. and on the site shall be constructed undergrOlmd. in accordance with Municipal Code Section 21,120. 14. Installation of nnderground utility lines, etc.: exceptions. New and existing utility lines, appurtenances and associated equipment, including, but not limited to~ electrical transmission~ street lighting, and cable television and telephone shall be required to be placed underground as required in Article V of this chapter starting with section 21.111 (Ord. #81-11, & 1,3-16-81; Qrd. #89-17, & 1, 10-16--89). 15, The developer shall file a Final Map. 16, The developer shall submit an estimate of the probable cost of off-site improvements with the Final Map submittal. 17. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map. recordation. 18. In the event it is necessary to acquire off site easements or street rights-of-way, prior to Final Map approval the owner shall enter into an agreement to pay all condemnation costs, if necessary, for dedication of [the easements or street right-of-way). The owner shall place a note on the Final Map agreeing to pay all condemnation costs, This agreement shall require the owner to deposit all condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City. 19. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: A. A signed original composite plan by the electrical design engineer shall be a part of the improvement plans. B. A letter from the subdivision design civil engineer shall be prepared which states that the , composite plan agrees with City Codes and Standards and that no underground utility conflict exists. C. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. D. The City will collect the plan check and inspection fee for the utility underground. work. 20. Prior to any conStruction of the utilities in the field, the following will need to be supplied to the City: A. A signed and PG&E-approved original electric plan. B. A letter from the design Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. 21. All retaining walls must be constructed of permanent materials such as concrete or masonry, and shall be of a modular design; wood shall not be permitted, STO~ N3HOJ ~ H3NI'H3a 'BIS 6 9 C 6 9 0 JI 'XVdli'T: CT 31l.L .,' --;0 / T 0 /.~- Z 03-14, TM 03-05, AS 03.30 3 4/9/04 22. All lots shall drain to the s'treet for storm drainage. 23. 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 sexvice stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. 24. Submit improvement plans for on-site and off-site (use City standards), 25. Submit an Erosion Con'trol plan and Storm Water Pollution Prevention Plan. 26. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. 27. All existing water wells shall be sealed to meet the approval of the Santa Clara Valley Water District (SCVWD). Shall also meet the approval of the City Engineer. 28. Hydrants are required to be spaced 300 ft. Final hydrant location to be reviewed and approved by the Deputy Fire Marshal prior to final map filing. 29. Road widths shall be as follows, or an exception from the Fire Chief obtained. a. 20 ft. no parking on either side b. 28 ft. no parking on one side, c. 36 ft parking not restricted. 30. Final map to include a paragraph that reads: "Red curbing and signage shall be maintained by the Home Owners Association. A parking enforcement shall be implemented by the Homeowners Association. .. 9TO~ N3HOJ ~ M3NllM3a ._ _0_-"-'--'-'- 6LSZSC6S0t XVd OT:CT 3n~ tO/TO/90 , C~," C": EXHIBIT B Community Development Department Planning Division (408) 846-0440 NEGA TIVE ' DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 CitY FOe Number: AS 03-30, 1M O~-05 and Z 03~14 Proiect DescriDtion: Name of Project: Oak Commons PUD Nature of Project: , The proposed project is a planned unit development (PUD) application that includes a Zone Change, Tentative Map, and Architectural and Site Review, The zone change component of the proposed project consists of changing the zoning from R4 - ffigh Density Residential and PO -, Professional Office Space to R3 PUD - Medium Density Residential Planned Unit Development. The General Plan indicates that land designated for High Density Residential uses can have a Planned Unit Deyelopment combining district as an overlay designation. The Tentative Map comp~nent of the proposed project consists of subdividing five parcels into six parcels (parcel A.F) and development of 13 7 residentitillots, The six parcels would be sized as follows: Parcel A (6,280 square feet), Parcel B (1,110 square feet), ParcelC (1 acre), Parcel D (4.1 acres), ParCel E (1,620 square feet), and Parcel F (1,130 square feet), The residential lots would range in size between 2,000 and 5,000 square feet, while the majority of the residentiallots would.be between 2,000 and 3,000 square feet. The applicant bas received a Residential Development Ordinance (ROO) allocation for 137 residential units. The Tentative Map also includes a park and pool amenity on Parcel c. The density of the development would be 10,5 units per acre. The proposed project would include roads, sidewalks. and public service infrastructure. The full application package is available at the Gilroy City Hall. Public utilities would consist of the following: City of Gilroy water, sanitary sewer) stann drain, fire, and police; PG&E electricity; Charter Communications television; and Vem:on telephone. The proposed project would require approximately 54,300 cubic yards of fill and 28,300 cubic yards of cut. Approximately 26.000 cubic yards offill must be imported from offsite. COO lEI N3HO~ ~ M3NIIM38 6LSZSC6S0~ XVd 90:C1 3n~ ~0/10/90 ..-'--- Oak Commons PUD Negative Declaration C.. ~:.:.:" ,~ I 2 Coo, ':'" ,') ..' . "M:~ 2/2/04 Proiect Location: Location: East of Wren Avenue and south of First Street Assessor's Partel Number:808..12-011, ..026, -027, .028, 808-08-011 Entity or Person(s) Undertakine Proiect: Name: The O'Brien Group Address: 2001 Winward Way, Suite 200 San Mateo CA 94404 (650) 377-0300 , StaftPlanner: Gregg Polubinsky, gpolubinsky@ci.gi1roy.ca.us, Initial ~tudy: An' Initial study of this project was undertaken and prepared for the purpose. of ascertaining whether this praject might have a significant effect on the environment. A copy of this study is an file at the City ofGilro.y Planning Division, 7351 Rosanna Street, Gilroy,CA 95020. Findinp & Reasons: The Initial Study identified potenti~y significant effects an the enviranment. However, this project has been mitigated (see Mitigatian Measures belaw which avaid 0.1' mitigate the effects) to' a po~ where no.' significant effects will accur. There is ria substantial evidence the praject may ,have a significant effect an the environment, The following reasons viill support these findings: )> The proposal is a lo.gical companent of the existing land use of this area' and a logical expansion of City services. ~ Identified adverse impacts are proposed to' be mitigated through construction of on-site impro.vements. ' )> The proposed pro.ject is co.nsistent with the adapted goals and po.licies o.f the General Plan of the City of Gilroy. )> Ciiy staff independently reviewed the Initial Sfudy, and this Negative Declaration reflects the independent judgment of the City af Gilroy. > With the application of the following Mitigatio.n Measures the proposed project will not have any significant impacts an the environment. f'00~ N3HO~ ~ M3NI~M3a ---- 6L9Z9C6ROf' XVii 90: C13jl~ f'O/TO/90 Oak Commons PUD Negative Declaration C":-C ". .) . .-:;.. 3 Co',' .' .' l . ~', ' . .,.... 2/2104 Monitorinl! Prouam This monitoring program is based on the mitigation measures included in the project initial study, These mitigation measures are designed to eliminate or reduce significant' adverse environmental effects to less than significant levels. These mitigation measures become conditioIlB of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the' mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the , negative declaration. ' MopitoriDI! Pro,ram Procedures The City of Gilroy shall use, the attached monitoring cheCklist for the proposed project. nie , monitoring program should be implemented as follows: A. ,The Gilioy Community Development Department should be responsible for coordination. of the monitoring, program, including the monitoring checklist. The Community Development , Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use' in moni~oring the mitigation measures. B. Each responsible individual or agency will then be responsible for determining whether the , mitigation measures contained in the monitoring checklist have been complied with. Once all mitigauon measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Conununity Development Department to be placed in, the project file. If the mitigation measure ~ not been complied wi~ the monitoring checklist should not be retwned to the Community Development Department. C. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals. D. If a responsible individual or agency detenmnes that a non-compliance has occurred. a written notice, should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department. describing the non-complhince and requiring compliance within a specified period of time. If non-compliance still exists at the expiration of the specified period of time~ construction may be halted and tines may be imposed atthe discretion of the City of Gilroy. ' !:lOO lEI N3HOJ ~ MHNI~MHa 6L!:lG9C690t XVd 90:Ct HILL to/tO/90 Oak Commons PUD Negative Declaration C. \:~..:~". I 4 (" , ',) ......- . 2/2/04 Step 1. Prior to approval and issuance of the rmal improvement plans, the following mitigation measures shall be implemented: 1, The project proponent shall specify in project plans the implementation of the following dust control measures during grading and construction activities for the proposed project. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR Mitigation Measure 4.6-A) , The following measures shall be implemented at all construction sites: . Water all active construction areas at least twice daily~ . Cover all trucks hauling soa ~ 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) soU 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 should be implemented at construction sites greater than, f~ur acres in area: ' . All those mea~re listed above;' . Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded 'areas inactive for fourteen days or more); . ., Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpile~ (dirt, sand, etc.); . LUnit tratBc speeds on unpaved roads to 15 mph; . Iilstall 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 shall be implemented at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant a.dditional emissions reductions: . Place 100 linear feet of 6 to 8 inch average diameter cobble at all exit points to dislodge and trap dirt from vebicle tires; . Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and 900~ N3HO~ ~ H3NI'H3a ._ ._----0-...- 6LSGSC6S0t XVd LO:CT 3n~ to/TO/90 Oak Commons PUD Negative Declaration r,..., \ " . " ' ". 5 ('~' ..... . 2/2/04 · Limit the area subject to excavation, grading and other construction activity at any one time. Party responsible for implementation: Party responsible for mon;toring~' Applicant Gilro)! Engineering Division 2. The following measures shall be incorporated into all project plans, subject to the review and approval of the City of Gilroy Engineering Division: (Adopted Gilroy General Plan EIR , Mitigation Measure 4.6-B) , ' . The idling time of all construction equipment shall not exceed five minutes; Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; , All equipment shall be properly tuned and maintained in, accordance with the , manufacturer's specifications; , " When feasible, alternative fueled or electrical construction equipment shall be used at the project site; Use the minimum practical engine size for construction equipment; and Gasoline-powered equipment shall be equipped with catalytic converters, where feasible, . . . . . , Party responsible for implementation: Party responsible for monitoring: A.pplicant Gi/ro)! Engineering Division 7, The project applicant shall submit a Notice of Intent (NOI), detailed engineering designs, and a storm water pollution prevention program to th~ Central 'Coast RWQCB to obtain a National Pollution Discharge Elimination System (NPDES) General Construction pennit prior to any grading or construction activities. This permit shall require 'implementation of, an approved SWPPP that uses storm water "Best Management Practices" to control , mno1f, erosion and sedimentation from the, site. The Stonn Water Pollution Prevention Program 'is subject to review and approval by the Central Coast Regional Water Quality Control Board and the dilroy Engineering Division. (Modified Language of Adopted , Gilroy General Plan ElR Mitigation Measure 4.1 O-C) Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering Division , Step 2 Prior to approval and issuance of a building penn it, the following mitigation measures shall be implemented: ' , 3. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to the removal of any habitat that would occur during the nesting and/or breeding' season of protected birds potentially nesting on the project site (generally March 1 through August 1). A field survey shall be conducted by a qualified biologist to determine if active nests are present in the construction zone or 'Within 200 feet of the construction zone. LOO~ N3HO~ ~ H3NI'H3a 6LSG9C690t XVd LO:Cl 3n~ tO/lO/90 .... , Oak Conunons PUD Negative Declaration 0"..' . .,..... , , , " ,', 6 P" \.:' . ':. I ......... 2/2/04 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. If active nests are found within the survey area, clearing and construction within 200 feet .of the active nest(s) shall be postponed or balted 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. Party responsible for implementation: Party responsible for m()nitoring: Applicant , Gilroy Planning Division 4. ' The following measures shall be taken during construction to care for the proteCted oak trees subject to the review of the ,City of Gilroy Planning Division: , ' . ' The project proponent shall arrange for a pre..construction meeting on the project site with a qualified arborist to detenmne the exact measures necessary to ensure protection of the oak trees during, construction; . . Around each oak tree to be protected, a boundary of orange snow netting or high visibility plastic fencing supported by wood or metal stakes shall be erected along' ,the approximate drlplines of such protected trees to define the limits of ' Construction. In areas where fill will be placed, hay bales Should be pla~ just inside the protective fencing to reinforce the'boundaty and prevent migration offill onto tree trunks; . The trees shall be protected from inadvertent damage by construction,equipment through wrapping of trunks with protective materials, bridging or tunneling under major roots where exposed, and other measures appropriate and necessaty to protect the well-being of the protected trees;' , ' . No storage of equipment or construction materials, or parking ofvemcles is permitted beyond the limits of the construCtion boundary. ' . No sOil may be removed from within the drlpline of any tree arid no fill of additional soil shall be placed within the driplines of trees, Fill over msting ro,ot zone systems should be minimized by removing spoils from the project site, incorporating them as engineered fill beneath driveway, parking areas or structures. or spread thinly and always retained away from trunkS (a minimum of one foot clearance) and as much rooting area as possible; , ' . Grading shall not occur within the root zone (1.5 times the distance of the dripline) 'of any of the protected oak trees, unless the grading is part of the approved grading plan, and it is not possible to work around the protection zone. Protective fencing shall be installed around the protection zone .and at no time shall grading occur in excess of ten feet past the liniits of the building footprint when the grading is , located within the root zone; gOO III N3HO~ ~ M3NI1M3a ._n_-- '6L9~9C690t XVd "so: C1 3JU t0110/90 Oak Commons PUD Negative Declaration ro.. <." ~ ','~ 7 C" .... . 2/2/04 · Bark injury to any tree from equipment or materials is not acceptable and shall be prevented by respecting the protective fencing at the limits of construction. If at anytime the limits of construction is entered by construCtion equipment. construction shall halt until a certifi~ arborist determines the damage and provides reconunendations for mitigating the damage and repairing the protective fencing. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division 5. Due to the possibility that significant buried cultural resources might be found during constnl.ction" the following language shall be incluUed on any pennits issued for the project site, including, but not liri'lited to building permits for future development, subject to the ,review and appr~al of the Gilroy Planning Division: If. archaeological resources or human remains are discovered during construction, work shall be halted withiIi SO meters (165 feet) of the find until a qualified profe~sional archaeologi!;t 'can evaluate it. 'If the find is ,determined to be significant, appropriate mitigation measures shaD be formulated and implemented (Gilroy General Plan Policy 5.07). Party responsible for implementation: , Party responsible for monitoring: , Applicant Gilroy Planning Division 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 iri 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 dunng 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: a) the Native American Heritage Conunission is unable to idcnt.ifY 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 recoJl11'riendation; 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. ----- 600 III . N3HO~ ~ H3NI'H3a 6LS6SC6S0t XVd SO:CT 3n~ to/TO/gO Oak Commons PUD Negative Declaration ("" ''',' , , :":'1 ".-.' . 8 r: '. \:,..-., : ''l- ~ 2/2/04 Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division 8., To achieve compliance with the 60 dB DNL standard of the City, of Gilroy Noise Element for the noise impacted exterior living spaces along Wren Avenue, the following noise control bamer will be required, subject to the review and approval of the City of Gilroy Engineering Division: ' a. Construct acoustically effective barriers at Lots 1 to 7, 8 to 13, behind lot 14, behind lot 135, and from 136 to 137, The barriers shall extend from one house to the other to shield rear and' side yards affected by traffic noise: To achieve an ' , , acoustically eifective barrier, it must be constructed airtight, i.e" without cracks, gaps or other openings, and must provide for long-term durability. Barriers can be constructed of masonry, wood, stucco, earth berm or a combination thereof and must have a minimum surface weight of2.5 lbs. per sq. ft. Ifwood construction is used, homogeneous sheet materials are preferable to conventional wood fencing. as the latter has a tendency to warp alid fonn openings with age. However, high quality airtight tongue-and-groove, boud and batten or shiplap construction can be used. All connections with posts or pilasters must be sealed airtight. No openings are permitted between the upper barrier'components and the ground. b. The barrier at Lot 1 shall be 7 ft.. high and continue at 7 ft. high along the rear property line contiguous with Lot 7. The barrier may be reduced to 6 it, high to connect to the house on.Lot 7. c. ' The barrier at Lot 8 shall be 7 ft. high and continue at 7 ft. high along the rear property line contiguous with Lot 13. The barrier may be reduced to 6 ft. high to connect to the house on Lot 13. d. The barrier at Lots 14, 13 5, 136~ and 137 shall be a minimum of 6 ft. high. e. The required barrier locations are presented in Figure 7. The barrier heights are in reference to the nearest building pad elevation. If the barriers need to be re-Iocated for aesthetic reasons~ to shield parts of the building facades, or for any other, reason, the new locations shall be reviewed and approved by a qualified acoustician.' ' Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division 9. To achieve compliance with the 45 dB DNL standard of the City of Gilroy Noise Element, for interior noise exposures in project living spaces, the following noise control measures shall be required subject to the review and approval of the City of Gilroy Engineering Division: OTO~ N3HO~ ~ H3NI~H3a --_.-'- 6L9G9C69~XVd 9o:c~3a~ ~O/TO/90 .. Oak Commons PUD Negative Declaration (:-.~::" ','. '," '..,. . ~.., ' 9 (;,., ,~, : 'I :'.,' '/ 2/2/04 a: Maintaip closed at all times all second floor and unshielded (a view beyond a noise control barrier) first floor windows within 135 ft. of the centerline of Wren Avenue and with a direct or side view of the road. The windows specified to be maintained closed are to be operable, as the requirement does not iniply a "fixed" condition. All other windows and all bathroom windows may have any type of glazing and may be kept opened as desired unless the bathroom is an integral part of a living space without a closeable door. b. Install windows rated minimum Sound Transmission Class (STC) 28. In addition to the required STC ratings, the windows and doors shall. be installed in an ' acoustically effective manner. To achieve an acoustically-e~ive Window Construction, the sliding window panels must fonn an air-tight seal to the outside environment when in the closed position and the window ftames must be caulked to the waD opening around their entire perimeter with a non-hardening caulking compound to prevent sound infiltration. Exterior doors must seal airtight around the full perimeter when in the closed position. An acoustical test report of all sound rated windows should be'reviewed by a qualified acoustician to ensure that the chosen windows will adequately reduce traffic noise, to acceptable levels. c. Provide some type of mechatllcat ventilation to assure that the indoor environment is habitable. The Uiliform Building Code (UBC) specifies the mechanical ventilation requirements. Party responsible for implementation: Party resp()nsible jor monitoring: Applicant Gilroy Engineering Division 10. As part of normal City review' and approval procedures for the proposed project, the ,follo-wmg measures shall be incOIporated to mitigate ,construction noise, subject to the review and approval of the City of Gilroy Engineering Division: (Modified Gilroy General Plan Em. mitigation measure 4.7-B) , a. Limit construction activity to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. Require that all internal combustion engine-driven equipment are equipped with mumers that are in good condition and appropriate for the, equipment; c. ' Locate stationary noise-generating equipment as far as possible from sensitive receptors: when sensitive receptors a~join or are near a construction project area. Party responsible for implementation: , Party responsible for monitoring: Applicant Gilroy Engineering Division 11. Subject to the review and approval of the Gilroy Engineering Division, the project proponent shall implement the following off-site improvements: a. Add a second northbound left-turn lane on Wren Avenue at First Street. Prohibit on- street parking on Wren Avenue south of First Street to facilitate the additional left turn lane. HOlE! N3HO~ ~ ~3NI'~3a .---- -....-- 6LS69C690t XVd 60:CI 3n~ tO/IO/90 . Oak Commons PUD Negative Declaration 0."",'" ," ,", .;"'..:.'~' . 10 0' '. -' 2/2/04 b. Signalii;e the Wren Avenue/fbird Street intersection and restripe the eastbound and westbound Third Street to include one left-turn lane and one shared through/right- turn lane; c. Re-stripe eastbound First Street at Monterey Street to include one left-Wfn lane and one shared left.turnltbroughlright~tum lane. do ,Construci sidewalks on the discontinuous portion of First Street between the First Street project entrance and Miller Avenue. . e. Add a second eastbound and westbound through lane on First Street. Party responsible for implementation: Party responsible for monitoring: ' Applicant Gilroy Engineering Division 12, Subject to the review and approval of the Giltoy E~eering Division, the project proponent shall implement the following access improvements: a. The northerly Wren Avenue access shall be designed to align with the existing access points to the commercial areas along the western side of Wren Avenue. b, The southerly Wren Avenue access (into the Medical Comple't Driveway) shall be designed to provide detailed signing and stripping of the proposed operation. c. The access to First Street is right turn in and right turn out only. . ' Party responsible for implementation: Party responsible for monitoring: Date Prepared: February 5, 2004 End pfReview period: March 5, 2004 Date Adopted by City Council: Applicant Gilroy Engineering Division William Faus Planning Division Manager bfaus@cLgllroy.ca.us G10~ N3HO~~ H3NI~H3a -. -'---- 6LSZSC6S0foXVd '60: C13l1.L foO/10/90 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-57 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 7th day of June, 2004, 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 29th day of June, 2004. '--./~ ,..cd .' ~.dA-~ City lerk of the CIty of Gilroy (Seal)