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Resolution 2004-104 RESOLUTION NO. 2004-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 04-37, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A 14-LOT SINGLE- FAMILY SUBDIVISION ON APPROXIMATELY 2.8 ACRES LOCATED ON MILLER AVENUE AT THE SOUTHWEST CORNER OF SANTA TERESA BOULEVARD AND THOMAS ROAD, APNS 810-23-002,003 WHEREAS, The James Group, the Applicant, submitted AlS 04-37, an application for architectural and site approval of a Planned Unit Development ("PUD"), for Masoni Orchard, a fourteen (14) lot single-family subdivision ("the Project") on approximately 2.8 acres located on Miller Avenue at the southwest comer of Santa Teresa Boulevard and Thomas Road, APN s 810- 23-002,003; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on October 18, 2004, adopted a mitigated Negative Declaration for the Project, 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 City Council approved a request for a small project exemption from the Residential Design Ordinance for this project, specifically SPE 04-01, for fourteen (14) single- family residential units on April 5, 2004; and WHEREAS, the Planning Commission held a duly noticed public meeting on October 7, 2004, at which time the Planning Commission considered the public testimony, the staff report dated October 1, 2004 ("Staff Report"), and all other documentation related to application A/S 04-37, and recommended that the City Council approve said application with conditions; and \G80\642660.1 112904-04706089 -1- Resolution No. 2004-104 WHEREAS, the City Council held a duly noticed public meeting on October 18, 2004, at which time the City Council considered the public testimony, the Staff Report, a follow-up staff report dated October 12, 2004 ("First Follow-Up Report"), and all other documentation related to application A/S 04-37; and WHEREAS, the Applicant made certain revisions to the Project thereafter as set forth in Exhibit A of a follow-up staff report dated November 9, 2004 ("Second Follow-Up Report"); and WHEREAS, the City Council continued its deliberations on November 15, 2004; and determined to add three conditions as set forth in the Second Follow-Up Report requiring 24"- box trees and IS-gallon shrubs along Santa Teresa Boulevard; an iron "view" fence along the park area adjacent to Santa Teresa Boulevard; and elimination of a fence along the portion of the park abutting Thomas Road, which portion shall be maintained as an open, landscaped buffer area; 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 entire record. 1. The project conforms to the Gilroy General Plan in terms of general location and standards of development, and setback exceptions are justified by the unique project design. \G80\642660.1 112904-04706089 -2- Resolution No. 2004-104 2. The project fills a specific need of the surrounding area by developing an infill site and creating housing, which will assist the City in meeting its housing goals. 3. The project does not require urban services beyond those that are available at the project site. 4. The project plan is harmonious and integrated and IS consistent with Planned Unit Development standards and policies. 5. The project is an in-fill development and is therefore an economical and efficient use of this property. 6. The project provides landscaping that meets the intent of the Planned Unit Development ordinance and exceeds minimum City requirements, including front yard landscaping. 7. The project utilizes aesthetic design principles and exceeds City design standards to create an attractive development that blends with the character of the surrounding areas. 8. The project will not create traffic congestion, noise, odor or other adverse effects on the surrounding area. 9. The project as revised as set forth in the Second Follow-Up Report will provide adequate access, parking, landscaping, trash areas and storage. B. A/S 04-37 should be and hereby is approved subject to the final conditions of approval, attached hereto as Exhibit A and incorporated herein by this reference, and subject to the Negative Declaration dated September 2004 and the Mitigation Monitoring Program, attached hereto as Exhibit B and incorporated herein by this reference. \G80\642660.1 112904-04706089 -3- Resolution No. 2004-104 SECTION II This Resolution shall become effective, and approval of A/S 04-37 granted, if, and only if, and upon the same date that Ordinance No. 2004-18 approving Z 04-05 becomes effective. If said Ordinance does not take effect, then A/S 04-37, without any further action required by the City Council, is denied. PASSED AND ADOPTED this 6th day of December, 2004 by the following vote: ABSENT: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE VELASCO, PINHEIRO NONE AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: APPROVED: ~~ lbert Pinheiro, Mayor - ATTEST: ~..u~' Rhonda Pellin, City Clerk \G80\642660.1 112904-04 706089 -4- Resolution No. 2004-104 MASONI ORCHARD FINAL CONDITIONS OF APPROVAL TM 04-07 and A/S 04-37 TENTATIVE MAP CONDITIONS Plannin2 Division (contact Melissa Durkin at 846-0440) 1. Approval of TM 04-07 is subject to the applicant receiving approval of Zone Change application Z 04-05. 2. The applicant shall obtain Planned Unit Development Architectural & Site approval prior to Final Map recordation, subject to the review and approval of the Planning Division. 3. All twenty-five (25) MITIGATION MEASURES contained within the Negative Declaration for this development shall be applied to this approval in order to reduce and/or eliminate 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. City Attornev (contact Linda Callon at 286-5800) 4. The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 5. With the exception of lots that received an exemption from the application of the City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. En2ineerin2 Division (contact Kristi Abrams at 846-0450) 6. All lot drainage may be required to drain directly to private street. 7. Miller Avenue and Thomas frontage improvements required including curb, gutter and sidewalk. Public road dedication and P.U.E. is required - plain line of roads required to determine extent of dedication and P.u.E. Improvements and dedication are subject to approval of the City Engineer. TM 04-07, A/S 04-37 Final Conditions of Approval 2 11/30/04 8. All roads and open space are to be private. 9. Landscaping on Santa Teresa shall be maintained by the HOA. 10. Storm and sewer shall be private from the point of the connection on Miller. Backflow protection (RPP - reduced pressure prevention) required. 11. Easement required for storm drain and water line in the park. 12. A Public Use easement (PUB) required at property line along Miller and ThomaslMesa. 13. A no access restriction to/from Santa Teresa shall be placed on the map for lots 3 through 9. 14. A water line to be looped through park to Santa Teresa. 15. Overlay required to center of road on Miller. 16. Provide minimum 20-feet of parking in front of garage and outside of sidewalk unless otherwise approved by City Engineer. 17. Widen driveway cuts at Miller to 30-feet. 18. Easements required for on-site sidewalks. 19. Detention pond size and location subject to approval of the City Engineer and SCVWD. 20. Off site utilities shall be constructed to comply with the city's master plans, including, but not limited to, water line in Santa Teresa and Greenfield, subject to the approval of the City Engineer. 21. All sidewalks shall meet ADA requirements. 22. Modified driveway depression shall meet city engineer's approval and have a minimum of 18-inches horizontally from flow line to back of rise. 23. A SWPPP and an Erosion Control Plan is required for all development over 1 acre. 24. Certification of improvement on site plans is required prior to Building final (add to general notes on Title sheet of plans). 25. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of plans) . 26. Full frontage improvements are required for all new development. All streets must show sidewalks both sides. 27. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria. TM 04-07, A/S 04-37 Final Conditions of Approval 3 11/30/04 28. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be in accordance with City Standards and shall follow the most current Master Plan for streets and each utility. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. 29. 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. 30. 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. 31. 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. 32. New and existing utility lines to, through and on the site, and appurtenances and associated equipment, including, but not limited to, electrical transmission, street lighting, cable television and telephone shall be required to be placed underground. 33. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 34. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final Map submittal. 35. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 36. In the event it is necessary to acquire offsite easements or street rights-of-way, the owner shall enter into an agreement with the City prior to final map approval agreeing to pay all condemnation costs, for dedication of all required easements or street right-of-way. This agreement shall be recorded and require the owner to deposit all condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City. 37. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: 38. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground.) 39. A note shall be placed on the plans which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists. TM 04-07, A/S 04-37 Final Conditions of Approval 4 11/30/04 40. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. 41. The City will collect the plan check and inspection fee for the utility underground work. 42. A current Title Report shall be submitted for review to the City prior to final map approval. 43. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: a. A professional engineer-signed and PG&E-approved original electric plan. b. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. 44. 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. 45. All lots shall drain to the street for storm drainage. 46. Improvement plans are required for all on-site and off-site improvements. 47. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 48. A Storm Water Pollution Prevention Plan shall be filed with the Regional Water Quality Control Board with a copy to the City. An Erosion Control plan and Waste Discharger Identification shall be submitted to the City. 49. 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. 50. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 51. If any portion of the project is located in a special flood hazard area as shown on the most current flood insurance rate map; a flood zone study is required. Should the City Engineer determine a LOMR (letter of map revision) is required no permits will be issued until a CLOMR (conditional letter of map revision) is completed. No permits will be finaled until the LOMR is complete. Any flood conditions imposed on this project by the National Flood Insurance Program or the City of Gilroy will be enforced by the City of Gilroy. 52. If any portion of the project iflocated in a special flood hazard area, provide the following statement in a bold box with minimum Y-.-inch text on the front sheet ofthe plan set: "This project is located in a Flood Zone. A Conditional Elevation Certificate is required prior to the foundation pour and an Elevation Certificate with pictures of each of the four building elevations is required prior to final inspection". TM 04-07, A/S 04-37 Final Conditions of Approval 5 11/30/04 53. If any portion of the project contains recycled water facilities as shown in the South County Recycled Water Master Plan, the facilities shall be installed at sole expense of the developer prior to final or occupancy of the first building. 54. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes, errors or OmISSIOnS Fire Deoartment (contact Rodger Maggio at 846-0430) 55. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to 3600 square ft. Higher flow is required for larger home sizes or mitigation by installation of a residential fire sprinkler system. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any building. Hydrants shall be installed prior to commencement of construction with combustible materials. Fire Hydrant locations shall be approved by the Fire Marshal prior to final map/site improvements. The most remote hydrant shall be flow tested by a qualified person or the Fire Marshal prior to possession by the water department. Flow test shall be submitted to the Fire Marshal prior to the building permit. 56. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 15 feet shall be provided. Turning radius shall not be less than 32feet inside and 39feet. Road widths shall be as follows, or an exception from the Fire Chief obtained. 20 feet no parking on either side 28 feet no parking on one side. 36 feet parking not restricted. 57. 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. " 58. Dead end streets in excess of 150 ft shall be provided with a turn around that meets the Fire Department Standard. (cul-de-sac of 78 'diameter, 84" long, and 24 ft wide hammer head, or a 3 point turnaround consisting of a 54 'x54' rectangular turnaround from a minimum 24' entry adjacent to one corner. Community Development Department Planning Division NEGA TIVE DECLARATION AND MITIGATION MONITORING PROGRAM City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (408) 846-0440 City File Number: Z 04-05, TM 04-07 and A/S 04-37 Proiect Descriotion: Name of Project: Nature of Project: Gilroy Masoni Orchard Subdivision A Zone Change, Tentative Map, and Architectural & Site Review request to create 14 single-family residential units on a 2. 86-acre site. Proiect Location: Location: The project site is located in the City of Gilroy in the County of Santa Clara. The project site is located at the southwest corner of Miller Avenue and Santa Teresa Boulevard. The site is bounded by Thomas Road to the east, Miller Avenue to the south, and Santa Teresa Boulevard to the north. Assessor's Parcel Numbers: 810-23-002, 810-23-003 Entitv or Person(s) Undertakin2 Proiect: Name: Address: James Suner 7436 Monterey Road, 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. 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: EXHIBIT B Gilroy Masoni Orchard Subdivision Negative Declaration and Mitigation Monitoring Program 2 December 2004 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: Prior to approval and issuance of the final 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 of the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR Mitigation Measure 4.6-A) The following measures shall be implemented for all construction sites: . Water all 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 constructions 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 idling 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; EXHIBIT B Gilroy Masoni Orchard Subdivision Negative Declaration and Mitigation Monitoring Program 3 December 2004 . 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 for the project site; . Use the minimum practical engine size for construction equipment; and . Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. 2. The project applicant shall pay all applicable fire department development fees, subject to monitoring by the Building Division. 3. The project applicant shall pay the applicable school development fees, subject to monitoring by the Gilroy Unified School District and the Building Division. 4. The project applicant shall pay all applicable library development fees, subject to monitoring by the Building Division. 5. The project applicant shall pay all applicable park development fees, subject to monitoring by the Building Division. 6. The project applicant shall pay all applicable police department development fees, subject to monitoring by the Building Division. Prior to approval and issuance of a grading or building permit, the following mitigation measures shall be implemented: 7. Subject to the review and approval of the Planning Division, new outdoor lighting shall be directed on-site and designed and installed with shielding. 8. Sprinkler systems shall be provided in each structure in accordance with Section 1003.2.10 of the Uniform Fire Code, subject to the review and approval of the Fire Marshall. 9. Per Johnston (2004), the presence of California Tiger Salamanders (CTS) on the project site should be assumed and as a result, a trapping and salvage effort should be conducted to relocate any CTSs occurring on the site. Trapping should take place pursuant to a plan prepared by a qualified biologist and approved by the CDFG. This plan should identify the specific methodes) proposed to clear the project site of the CTSs, including location and type of traps and fencing, frequency and thresholds for trap activation and de-activation, relocation sites for CTSs captured and the standard proposed for confirming that the project site has been cleared of the CTSs. This mitigation measure shall be subject to the review and approval of the Planning Division. EXHIBIT B Gilroy Masoni Orchard Subdivision Negative Declaration and Mitigation Monitoring Program 4 December 2004 10. A qualified burrowing owl biologist should conduct a burrowing owl pre-construction survey within 30 days prior to initial ground disturbance or construction activity. The qualified burrowing owl biologist should survey the entire project site and a 250-foot buffer to determine the presence or absence of the species. A. If burrowing owls are observed on the Study Area outside of the breeding season, an experienced burrowing owl biologist may use passive relocation to prevent take and ensure burrowing owls are not present on the project for construction and grading activities. A qualified burrowing owl biologist is one who has completed passive relocation projects within the last five years and should perform all exclusionary device installation. B. Ifburrowing owls are occupying the project site during the nesting season (February 1 through August 1), nest burrows should be avoided by setting up a 250-foot exclusion area around the nest burrow (CDFG 1995). The active nest should be monitored to ensure construction activity does not disturb the nesting owls or cause nest abandonment. Work within the buffer zone should be postponed until all the young are independent, as determined by a qualified biologist. This mitigation measure shall be subject to the review and approval of the Planning Division. 11. If work is scheduled to begin after the breeding season has begun (February 1 through August 1), a survey should be conducted before the beginning of the breeding season (February 1). This survey would not take the place of a burrowing owl pre-construction survey unless it was conducted within 30 days of initial ground disturbance or construction activity. Upon completion of this burrowing owl survey, two actions may be taken depending on whether or not burrowing owls were observed on the project site. A. If no burrowing owls occupy the project site, ground squirrel burrows may be excavated or exclusionary devises may be installed to prevent burrowing owls from moving onto the site. These exclusionary devices would prevent burrowing owls from using any onsite burrows. The devices should be monitored and could be left in place until initial ground disturbance or construction activity begins. B. If burrowing owls or accumulation of burrowing owl sign is observed outside of the nesting season, suggesting regular use of the project site, an experienced burrowing owl biologist may use passive relocation to ensure burrowing owls would not nest within the project site and are not present for construction and grading activities. A qualified burrowing owl biologist is one who has completed passive relocation projects within the last five years and should perform all exclusionary device installation. This mitigation measure shall be subject to the review and approval of the Planning Division.t EXHIBIT B Gilroy Masoni Orchard Subdivision Negative Declaration and Mitigation Monitoring Program 5 December 2004 12. If trees or shrubs are scheduled to be removed during the breeding season (February 1 to August 1), a qualified biologist should conduct pre-construction nesting birds surveys within 30 days prior to the onset of any construction activity. All trees and snags should be searched for bird nests during this pre-construction survey. If bird nests are observed, an appropriate buffer zone should be established around all active nests as to protect nesting adults and their young from construction disturbance. Buffer zones should be determined based the project site conditions and the species potentially impacted. If active raptor nests are located on the project site, a buffer zone of 200-250 feet should be established around each nest unless a smaller distance is suitable to reduce nesting disturbance. Work within all such buffer zones should be postponed until all the young are fledged, as to be determined by a qualified biologist. This mitigation measure shall be subject to the review and approval of the Planning Division. 13. During construction, an archaeologist shall be onsite to monitor all initial subsurface construction activities. Given the location of site CA-SCL-639/H (eligible for the National Register) just 150 meters to the northwest, it is possible that archaeological deposits may be encountered during earth disturbing activities. If prehistoric or historic deposits or features are discovered during construction, activities in the area should cease and the archaeologist should inspect the discovery and prepare a recommendation for a further course of action. This mitigation measure shall be subject to the review and approval of the Planning Division. 14. In the event that human remains are discovered, there shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in the California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. These code provisions require notification of the County Coroner and the Native American Heritage Commission, who in turn must notify those persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains. Excavation or disturbance may continue in other areas of the project site outside the area affected by such discovery. This mitigation measure shall be subject to the review and approval of the Planning Division. 15. The project applicant shall submit a soils investigation prepared by a qualified soils engineer for the proposed project. The recommendations of the soils investigation shall be incorporated into the final building plans, subject to the review and approval by the City of Gilroy Engineering Division prior to approval of any building permits. 16. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. Foundation design should include the use of structural mat or post-tension slab foundations, rather than conventional spread footings. Structural design is subject to the review and approval by the City of Gilroy Building Division prior to the issuance of building permits. EXHIBIT B Gilroy Masoni Orchard Subdivision Negative Declaration and Mitigation Monitoring Program 6 December 2004 17. Typical options to address liquefiable soils shall consist of the following: a) remove and replace potentially liquefiable soils with engineered fill; b) densify potentially liquefiable soils with an in- situ ground improvement technique such as deep dynamic compaction, vibro-compaction, vibro- replacement, compaction grouting, or other similar methods; c) support the proposed structures on a pile foundation system, which extends below the zone of potential liquefaction; d) strengthen foundations (e.g., post-tensioned slab, reinforced mat or grid foundation, or other similar system) to resist excessive differential settlement associated with seismically-induced liquefaction; and, e) support the proposed structures on an engineered fill pad in order to reduce differential settlement resulting from seismically-induced liquefaction and post-seismic pore pressure dissipation. The required mitigation for design shall be based on a site specific geotechnical investigation subject to the review and approval by the City of Gilroy Engineering Division prior to the issuance of building permits. 18. The applicant shall prepare an erosion and deposition control plan detailing appropriate methods of erosion and deposition control during grading, construction and operation of the proposed project. The erosion and deposition control plan shall be subject to review and approval by the City of Gilroy Engineering Division prior to the issuance of building permits. 19. As required by General Plan Action 25.E, the applicant shall prepare a site specific soils report for the proposed project which includes laboratory testing of on-site soils as well as design criteria for building foundations, basement walls, roads, and other structures. The soils report shall be subject to review and approval by the City of Gilroy Engineering Division prior to issuance of the building permits. 20. The project applicant shall submit a Notice of Intent (NOI), detailed engineering designs, and a Storm Water Pollution Prevention Plan (SWPPP) program to the Central Coast RWQCB to obtain a NPDES General Construction permit prior to any grading or construction activities. This permit shall require implementation of an approved SWPPP that uses storm water Best Management Practices (BMPs) to control runoff, erosion and sedimentation from the site. The SWPPP is subject to review and approval by the Central Coast RWQCB and the Gilroy Engineering Division. 21. Construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, and 9:00 a.m. to 7:00 p.m. on Saturdays and holidays. No construction activities are allowed on Sundays. This mitigation measure shall be subject to enforcement by the Building Division and the Police Department. 22. All construction equipment engines shall be properly tuned and muflled according to manufacturers' specifications, subject to monitoring by the Building and Engineering Divisions. EXHIBIT B Gilroy Masoni Orchard Subdivision Negative Declaration and Mitigation Monitoring Program 7 December 2004 23. Noise construction activities whose specific location on the site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise-sensitive land uses, and natural and/or manmade barriers (e.g., intervening construction trailers) shall be used to screen propagation of noise from such activities towards these land uses to the maximum extent possible. This mitigation measure shall be subject to enforcement by the Building Division. 24. The use of those pieces of construction equipment or construction methods with the greatest peak noise generation potential shall be minimized. Examples include the use of drills and jackhammers. This mitigation measure shall be subject to enforcement by the Building Division. 25. Barriers such as plywood structures or flexible sound control curtains shall be erected along the western edge of the site to minimize noise exposure to the church. This mitigation measure shall be subject to enforcement by the Building Division. Date Prepared: September 3,2004 End of Review Period: September 29,2004 Date Approved by City Council: October 18, 2004 William F aus Planning Division Manager bfaus@ci.gilroy.ca.us EXHIBIT B I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-104 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 6th day of December, 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 14th day of December, 2004. ~f1~ City C erk of the City of "lroy (Seal)