Resolution 2005-62RESOLUTION NO. 2005-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A ONE -YEAR EXTENSION FOR
TM 01 -06, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 10.6 ACRE SITE INTO 11 HILLSIDE
RESIDENTIAL LOTS LOCATED ON THE WEST SIDE OF
RANCHO HILLS DRIVE AT THE TERMINUS OF VALLEY
OAKS COURT, APN 783 -21 -061
WHEREAS, Glen Loma Group, the applicant, is requesting a one -year extension of the
approval of TM 01 -06, a tentative map to subdivide an approximately 10.6 acre site into eleven
(11) hillside residential lots located on the west side of Rancho Hills Drive at the terminus of
Valley Oaks Court, APN 783 -21 -061; and
WHEREAS, the application was timely filed prior to the map's expiration, and therefore
pursuant to California Government Code section 66452.6, the life of the map was automatically
extended by sixty (60) days or until the application is approved or denied, whichever occurs first;
and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council on August 4, 2003, adopted a mitigated Negative Declaration for this 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 Planning Commission held a duly noticed public hearing on July 31,
2003, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on August 4, 2003, at
which time the City Council considered the public testimony, the staff report dated July 24, 2003
( "Staff Report"), and all other documentation related to application TM 01 -06; and
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081005 - 04706089
Resolution No. 2005 -62
WHEREAS, on September 15, 2003, the City Council adopted Resolution 2003 -63
approving TM 01 -06 with twenty (20) conditions and twenty (20) mitigation measures; and
WHEREAS, pursuant to Gilroy City Code sec. 21.41.1, a tentative map is valid for two
(2) years after approval and may be granted a up to three (3) extensions of one (1) year each by
the City Council; and
WHEREAS, the City Council at a duly noticed public meeting on August 1, 2005,
considered the staff report dated July 26, 2005, and all other documentation related to an
extension of time for TM 01 -06, and
WHEREAS, pursuant to California Government Code ection 66498.1(c), the City may
condition or deny a permit, approval, extension, or entitlement if it determines that a failure to do
SO would place the residents of the subdivision or the immediate community, or both, in a
condition dangerous to their health and safety, or both; and
WHEREAS, Fire and Engineering Division standard conditions of approval have
changed since the project approval on September 15, 2003; and
WHEREAS, the City Council determined that the Fire and Engineering Divisions'
conditions of approval should be revised to meet current standards to ensure that residents of the
subdivision and surrounding area are not subject to conditions dangerous to their health or
safety; 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.
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Resolution No. 2005 -62
SECTION I
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds as follows:
1. The project is consistent with the land use designation and the intent of the
goals and policies of the General Plan.
2. The project is consistent with the Zoning Ordinance, the City's
Subdivisions and Land Development Code, and the State Subdivision Map Act.
5. There is no substantial evidence in the entire record that the project as
mitigated 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 01 -06 should be and hereby is approved for one (1) additional
year until September 15, 2006, subject to the following conditions:
1. The twenty (20) conditions in the Negative Declaration and
Mitigation/Monitoring Program for this property, attached hereto as Exhibit A and
incorporated herein by this reference.
2. The fifty (50) conditions in the "TM 01 -06 (Schaal) Condition of
Approval — Revised for Extension Request," attached hereto as Exhibit B and
incorporated herein by this reference.
PASSED AND ADOPTED this 19th day of September, 2005 by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCII MEMBERS: NONE
APPROVED:
,)zdPiAbeiro, Mayor
ATTEST: j
Rhonda Pelhn, City Clerk
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Resolution No. 2005 -62
Community Development Department
Planning
NEGATIVE
Division
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 846 -0440
City File Number: Z 03 -05 and TM 01 -06
Proiect Description:
Name of Project: Schaal Subdivision
Nature of Project: A Zone Change and Tentative Map to create 11 residential hillside
lots on a 10.6± -acre site.
Proiect Location:
Location: Property is located west of Rancho Hills Drive
Assessor's Parcel Numbers: 783 -21 -061.
Entity or Person(s) Undertaking Protect:
Name: Glen Loma Group (c /o John Filice)
Address: 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.
Exhibit A
Schaal Subdivision 2 5/05/2003
Draft Negative Declaration
Findings & 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.
Mitigation Measures:
Prior to the issuance of a building permit, the developer(s) shall submit building plans to the City
of Gilroy Planning Division for review and approval. The building plans shall indicate the
location of the proposed structure and all existing trees as well as any trees proposed for removal.
The proposed structure shall be designed to conform to the contours of the site and to reduce the
amount of visual impact from the structure. Building sites shall not be allowed on exposed
ridges. The building site shall be selected in such a way as to preserve the natural vegetation.
2. Prior to the final map approval, the project proponent shall prepare a street lighting plan. Subject
to review and approval b y t he C ity E ngineering D ivision, t he I ighting p Ian s hall limit street
lighting to intersections and where necessary to reduce traffic hazards.
3. The project plans specify the requirement to implement the following dust control measures as
appropriate, depending on the size of the construction site, the proximity to sensitive receptors,
and other factors that warrant additional emissions reductions, subject to the review and approval
by the City of Gilroy Planning Division: (Adopted General Plan EIR Mitigation Measure 4.6 -A)
Basic Control Measures - The following measures shall be implemented at all construction sites:
► Water all active construction areas at least twice daily;
► Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard;
► Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved
access roads, parking areas and staging areas at construction sites;
► Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas
at construction sites; and
Exhibit A
Schaal Subdivision 3 5/05/2003
Draft Negative Declaration
► Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent
public streets.
Enhanced Control Measures - The following measures should be implemented at construction
sites greater than four acres in area:
► All those measure listed above;
► Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously
graded areas inactive for ten days or more);
► Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles
(dirt, sand, etc.);
► Limit traffic speeds on unpaved roads to 15 mph;
► Install sandbags or other erosion control measures to prevent silt runoff to public roadways;
and
► Replant vegetation in disturbed areas as quickly as possible.
The following measures shall be implemented at construction sites that are large in area, located
near sensitive receptors or which for any other reason may warrant additional emissions
reductions:
► Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and
equipment leaving the site;
► Install windbreaks, or plant trees /vegetative wind breaks at windward side(s) of
construction areas;
► - Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles
per hour; and
► Limit the area subject to excavation, grading and other construction activity at any one
time.
4. The following measures shall be incorporated into all project plans for the project site: (Adopted
General Plan EIR Mitigation Measure 4.6 -13)
► 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.
Exhibit A
Schaal Subdivision 4 5/05/2003
Draft Negative Declaration
5. 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 I 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.
6. 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 t ree survey shall be conducted b y a qua lifted b iologist 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 I 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.
7. Prior to approval of the final map, the project proponent shall prepare Covenants, Codes, and
Restrictions (CCRs) on the deeds for each lot in order to ensure the long -term protection and
maintenance of the natural vegetation including but not limited to the four species of oak trees.
The CCRs shall prohibit property owners from removing native vegetation and oak trees, unless
approved in writing by the City of Gilroy, and should encourage the use of landscaping with
native plants. The CCRs shall include a penalty acceptable to the City of Gilroy for any
unapproved removal of an oak tree. The CCRs shall include a disclosure, to be signed by the
future owner, and subsequent owners, of the ecological and scenic importance of the hillside
area, the presence of significant biological resources occurring in the vicinity, and protection
measures implemented as part of the development.
Exhibit A
Schaal Subdivision 5 5/05/2003
Draft Negative Declaration
8. Prior to the commencement of construction activities and under the supervision of a qualified
biologist, temporary construction /silt fencing shall be installed along the 50 -foot riparian setback
and /or the approved grading line as shown on the tentative map to protect the creek and
associated creek vegetation from disturbance. Project plans shall specify that construction
vehicles, parking of vehicles or heavy equipment, stockpiling of construction materials, and /or
dumping of materials shall not be allowed outside the boundaries of the work area. The fencing
shall remain in place during the entire construction period.
9. The project proponent shall hire a certified arborist to review the tree inventory and prepare a
report with recommendations to mitigate for the loss of significant trees. The tree inventory shall
include all trees to be removed during construction of access roads, infrastructure, and home
construction. The arborist's written recommendations shall be included on the tree inventory.
The tree inventory shall be signed by the arborist and submitted for review and approval by the
City of Gilroy Planning Division. The tree inventory shall include, but not be limited to, the size
and s pecies o f a 11 t rees 1 ocated o n t he project site, including those planned for removal, the
reason for removal, and the location, size, and species of all replacement trees, and the
specifications for replacing. It is recommended that significant trees replacement ratios be 1:1 for
less trees than 12 ", 2:1 for trees 12 -24 ", and 3:1 for trees 24" or more, or as required by the
arborist. The arborist should provide a plan to monitor the replacement trees for a period of three
years at a minimum.
10. Prior to initiation of grading or construction activities, protected trees that are to be retained and
are located a djacent t o t he c onstruction z one s hall b e p rotected f rom ina dvertent da mage b y
construction equipment through implementation of the following measures:
► wrap trunks with protective materials;
► bridge or tunnel under major roots where exposed. Roots should be cut by manually
digging a trench and cutting exposed roots with a saw, vibrating knife, rock saw, narrow
trencher with sharp blades, or other approved root - pruning equipment. Any roots damaged
during grading or excavation should be exposed to sound tissue and cut cleanly;
► avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of construction
materials, and /or dumping of materials under dripline of trees.
11. Due to the possibility that significant buried cultural resources might be found during
construction, the following language shall be included on any permits issued for the project site,
including, but not limited to building permits for future development, subject to the review and
approval of the Gilroy Planning Division:
If archaeological resources or human remains are discovered during construction, work
shall be halted within 50 meters (165 feet) of the find until a qualified professional
archaeologist can evaluate it. If the find is determined to be significant, appropriate
mitigation measures shall be formulated and implemented (General Plan Policy 5.07).
12. 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):
Fxhihit A
Schaal Subdivision 6 5/05/2003
Draft Negative Declaration
If human remains are found during construction there shall be no further excavation or
disturbance of the site or any nearby area reasonably suspected to overlie adjacent human
remains until the coroner of Santa Clara County is contacted to determine that no
investigation of the cause of death is required. If the coroner determines the remains to be
Native American the coroner shall contact the Native American Heritage Commission
within 24 hours. The Native American Heritage Commission shall identify the person or
persons it believes to be the most likely descendent (MLD) from the deceased Native
American. The MLD may then make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of, with
appropriate dignity, the human remains and associated grave goods as provided in Public
Resources Code Section 5097.98. The landowner or his authorized representative shall
rebury the Native American human remains and associated grave goods with appropriate
dignity on the property in a location not subject to further disturbance if. a) the Native
American Heritage Commission is unable to identify a MLD or the MLD failed to make a
recommendation within 24 hours after being notified by the commission; b) the
descendent identified fails to make a recommendation; or c) the landowner or his
authorized representative rejects the recommendation of the descendent, and the
mediation by the Native American Heritage Commission fails to provide measures
acceptable to the landowner.
13. The project proponent shall submit a design level geotechnical exploration for the construction of
roads and infrastructure prior to the approval of the final map. The geotechnical exploration shall
include test pits or borings within the area proposed for grading and laboratory soils testing to
provide data for preparation of specific recommendations regarding road grading, infrastructure
installation, and drainage design.
14. The developer of each residential lot shall submit a design level geotechnical exploration for
each building site prior to the issuance of a building permit. The geotechnical exploration shall
include test pits or borings within the area proposed for grading and laboratory soils testing to
provide data for preparation of specific recommendations regarding lot grading, foundations, and
drainage.
15. The developer of residential Lot 10 shall include one of the following on future building and
grading plans: (1) complete removal of the slide debris with contour shaping the new ground
surface; (2) complete removal of the slide debris and reconstruction of the slide area with
subdrained, engineered fill; (3) partial removal of slide debris with subsequent buttressing using
subdrained, engineered fill; (4) construction of one or more stabilizing pin - walls; or (5) designing
the development and improvements in areas away from the landslide feature."
16. The project proponent shall conduct s ubsurface t est b orings a long t he c reeks o f t he b ank t o
determine if the proposed 50 -foot setback is appropriate over the life span of the project. If the
results of the test borings indicate that the proposed 50 -foot setback is appropriate, no further
mitigation measure is necessary. The report with the results of the subsurface test borings shall
be subject to review and approval by the City Engineering Division, prior to approval of the final
improvement plans.
Exhibit A
Schaal Subdivision 7
Draft Negative Declaration
5/05/2003
If the results of the test borings indicate that the proposed 50 -foot setback is not sufficient, the
project proponent shall prepare a detailed erosion protection plan to reduce the potential for
creek bank regression and adverse impacts to the project, over the life span of the project. The
plan shall include periodic maintenance to be funded through a homeowner's association or
other appropriate vehicle. The detailed erosion protection plan shall be subject to review and
approval by the City Engineering Division, prior to approval of the final improvement plans.
17. Prior to approval of the final improvement plan and implementing the detailed erosion protection
plan, if any work would require activities in the bed or on the banks of the unnamed seasonal
creek, the project proponent shall contact the California Department of Fish and Game to
determine whether the work will require a Streambed Alteration Agreement under the provisions
of the State Fish and Game Code Section 1600 et seq.
18. The project proponent shall submit a Notice of Intent (NOI) and detailed engineering designs to
the Regional Water Quality Control Board. This permit shall require development and
implementation of a Storm Water Pollution Prevention Plan that uses storm water "Best
Management Practices" to control runoff, erosion and sedimentation from the site.
19. The project proponent shall incorporate "Best Management Practices" into the final improvement
plans, subject to the review and approval of the Gilroy Engineering Division. The "Best
Management Practices" could include, but are not limited to the following:
► storm drain inlet filters;
► vegetative filter strips;
► vegetative swales;
► porous pavements;
► infiltration trenches or infiltration areas; and
► tree preservation and urban forestry.
Additional "Best Management Practices" can be obtained from "Nonpoint Source Pollution: A
Handbook for Local Governments" or by calling the Regional Water Quality Control Board.
20. As part of the normal City review and approval procedures for future projects the following
measures should be incorporated into project plans to mitigate construction noise:
a. Limit construction activity to weekdays between 7:00 AM and 7:00 PM, and Saturdays and
city holidays between 9:00 AM and 7:00 PM, with no construction on Sundays.
b. Require that all internal combustion engine- driven equipment are equipped with mufflers,
which 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 adjoin or are near a construction project area; and
d. Construct sound walls or other noise reduction measures prior to developing the project
site.
Exhibit A
Schaal Subdivision 8 5/05/2003
Draft Negative Declaration
Date Prepared: May 5, 2003
End of Review Period: May 27, 2003
Date Adopted by City Council:
William Faus
Planning Division Manager
Exhibit A
Schaal Subdivision Mitigation Monitoring Program
Introduction
CEQA Guidelines section 15097 requires public agencies to adopt reporting or
monitoring programs when they approve projects subject to an environmental impact
report or a negative declaration that includes mitigation measures to avoid significant
adverse environmental effects. The reporting or monitoring program is to be designed to
ensure compliance with conditions of project approval during project implementation in
order to avoid significant adverse environmental effects.
The law was passed in response to historic non - implementation of mitigation measures
presented in environmental documents and subsequently adopted as conditions of
project approval. In addition, monitoring ensures that mitigation measures are
implemented and thereby provides a mechanism to evaluate the effectiveness of the
mitigation measures.
A definitive set of project conditions would include enough detailed information and
enforcement procedures to ensure the measure's compliance. This monitoring program
is designed to provide a mechanism to ensure that mitigation measures and subsequent
conditions of project approval are implemented.
Monitoring Program
The basis for this monitoring program is the mitigation measures included in the project
negative declaration. These mitigation measures are designed to eliminate or reduce
significant adverse environmental effects to less than significant levels. These mitigation
measures become conditions 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.
Monitoring Program Procedures
The City of Gilroy shall use the attached monitoring checklist for the proposed project.
The monitoring program should be implemented as follows:
The Gilroy 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 monitoring the mitigation measures.
Exhibit A
Schaal Subdivision Mitigation Monitoring Program
2. 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 mitigation measures have been complied with, the
responsible individual or agency should submit a copy of the monitoring checklist
to the Community Development Department to be placed in the project file. If
the mitigation measure has not been complied with, the monitoring checklist
should not be returned to the Community Development Department.
3. 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.
4. If a responsible individual or agency determines 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 - compliance 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 fines may be imposed at
the discretion of the City of Gilroy.
Exhibit A
Step I
Schaal Subdivision Initial Study Mitigation Monitoring Checklist
Prior to final map approval, the following mitigation measures shall be implemented:
Mitigation Measure 2
Prior to the final map approval, the project proponent shall prepare a street
lighting plan. Subject to review and approval by the City Engineering
Division, the lighting plan shall limit street lighting to intersections and where
necessary to reduce traffic hazards.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Engineering Division
Mitigation Measure 7
Prior to approval of the final map, the project proponent shall prepare
Covenants, Codes, and Restrictions (CCRs) on the deeds for each lot in order
to ensure the long -term protection and maintenance of the natural vegetation
including but not limited to the four species of oak trees. The CCRs shall
prohibit property owners from removing native vegetation and oak trees,
unless approved in writing by the City of Gilroy, and should encourage the
use of landscaping with native plants. The CCRs shall include a penalty
acceptable to the City of Gilroy for any unapproved removal of an oak tree.
The CCRs shall include a disclosure, to be signed by the future owner, and
subsequent owners, of the ecological and scenic importance of the hillside
area, the presence of significant biological resources occurring in the vicinity,
and protection measures implemented as part of the development.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 13
The project proponent shall submit a design level geotechnical exploration for
the construction of roads and infrastructure prior to the approval of the final
map. The geotechnical exploration shall include test pits or borings within the
area proposed for grading and laboratory soils testing to provide data for
preparation of specific recommendations regarding road grading,
infrastructure installation, and drainage design.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Engineering Division
City of Gilroy I
Schaal Subdivision
Mitigation Measure 16
Mitigation Monitoring Checklist
The project proponent shall conduct subsurface test borings along the creeks
of the bank to determine if the proposed 50 -foot setback is appropriate over
the life span of the project. If the results of the test borings indicate that the
proposed 50 -foot setback is appropriate, no further mitigation measure is
necessary. The report with the results of the subsurface test borings shall be
subject to review and approval by the City Engineering Division, prior to
approval of the final improvement plans.
If the results of the test borings indicate that the proposed 50 -foot setback is
not sufficient, the project proponent shall prepare a detailed erosion
protection plan to reduce the potential for creek bank regression and adverse
impacts to the project, over the life span of the project. The plan shall include
periodic maintenance to be funded through a homeowner's association or
other appropriate vehicle. The detailed erosion protection plan shall be
subject to review and approval by the City Engineering Division, prior to
approval of the final improvement plans.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Engineering Division
Mitigation Measure 17
Prior to approval of the final improvement plan and implementing the
detailed erosion protection plan, if any work would require activities in the
bed or on the banks of the unnamed seasonal creek, the project proponent
shall contact the California Department of Fish and Game to determine
whether the work will require a Streambed Alteration Agreement under the
provisions of the State Fish and Game Code Section 1600 et seq.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Engineering Division
Mitigation Measure 19
The project proponent shall incorporate "Best Management Practices" into
the final improvement plans, subject to the review and approval of the Gilroy
Engineering Division. The "Best Management Practices" could include, but
are not limited to the following:
storm drain inlet filters;
vegetative filter strips;
vegetative swales;
City of Gilroy 2
Schaal Subdivision
Mitigation Monitoring Checklist
porous pavements;
infiltration trenches or infiltration areas; and
tree preservation and urban forestry.
Additional "Best Management Practices" can be obtained from "Nonpoint
Source Pollution: A Handbook for Local Governments" or by calling the
Regional Water Quality Control Board.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Engineering Division
Mitigation Measure 20
As part of the normal City review and approval procedures for future projects
the following measures should be incorporated into project plans to mitigate
construction noise:
a. Limit construction activity to weekdays between 7:00 AM and 7:00 PM,
and Saturdays and city holidays between 9:00 AM and 7:00 PM, with no
construction on Sundays.
b. Require that all internal combustion engine -driven equipment are
equipped with mufflers, which 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 adjoin or are near a
construction project area; and
d. Construct sound walls or other noise reduction measures prior to
developing the project site.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Planning Division
Step 2. Prior to the issuance of a building permit, the following mitigation measures shall be
implemented:
Mitigation Measure 1
Prior to the issuance of a building permit, the developer(s) shall submit
building plans to the City of Gilroy Planning Division for review and
approval. The building plans shall indicate the location of the proposed
structure and all existing trees as well as any trees proposed for removal. The
City of Gilroy
3
Schaal Subdivision Mitigation Monitoring Checklist
proposed structure shall be designed to conform to the contours of the site and
to reduce the amount of visual impact from the structure. Building sites shall
not be allowed on exposed ridges. The building site shall be selected in such a
way as to preserve the natural vegetation.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 3
The project plans specify the requirement to implement the following dust
control measures as appropriate, depending on the size of the construction
site, the proximity to sensitive receptors, and other factors that warrant
additional emissions reductions, subject to the review and approval by the
City of Gilroy Planning Division: (Adopted General Plan EIR Mitigation
Measure 4.6 -A)
Basic Control Measures - The following measures shall be implemented at all
construction sites:
• Water all active construction areas at least twice daily;
• Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard;
• Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction
sites;
• Sweep daily (with water sweepers) all paved access roads, parking areas
and staging areas at construction sites; and
• Sweep streets daily (with water sweepers) if visible soil material is carried
onto adjacent public streets.
Enhanced Control Measures - The following measures should be
implemented at construction sites greater than four acres in area:
• All those measure listed above;
• 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;
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Schaal Subdivision Mitigation Monitoring Checklist
• Install sandbags or other erosion control measures to prevent silt runoff to
public roadways; and
• Replant vegetation in disturbed areas as quickly as possible.
The following measures shall be implemented at construction sites that are
large in area, located near sensitive receptors or which for any other reason
may warrant additional emissions reductions:
• Install wheel washers for all existing trucks, or wash off the tires or tracks
of all trucks and equipment leaving the site;
• Install windbreaks, or plant trees /vegetative wind breaks at windward
side(s) of construction areas;
• Suspend excavation and grading activity when winds (instantaneous
gusts) exceed 25 miles per hour; and
• Limit the area subject to excavation, grading and other construction
activity at any one time.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 4
The following measures shall be incorporated into all project plans for the
project site: (Adopted 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: Project proponent
Party Responsible for Monitoring: Gilroy Engineering Division
City of Gilroy
Schaal Subdivision Mitigation Monitoring Checklist
Mitigation Measure 5
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
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: Project Proponent
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 6
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
City of Gilroy
Schaal Subdivision
City of
Mitigation Monitoring Checklist
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: Project Proponent
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 9
The project proponent shall hire a certified arborist to review the tree
inventory and prepare a report with recommendations to mitigate for the loss
of significant trees. The tree inventory shall include all trees to be removed
during construction of access roads, infrastructure, and home construction.
The arborist's written recommendations shall be included on the tree
inventory. The tree inventory shall be signed by the arborist and submitted for
review and approval by the City of Gilroy Planning Division. The tree
inventory shall include, but not be limited to, the size and species of all trees
located on the project site, including those planned for removal, the reason for
removal, and the location, size, and species of all replacement trees, and the
specifications for replacing. It is recommended that significant trees
replacement ratios be 1:1 for less trees than 12 ", 2:1 for trees 12 -24 ", and 3:1
for trees 24" or more, or as required by the arborist. The arborist should
provide a plan to monitor the replacement trees for a period of three years at a
minimum.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 11
Due to the possibility that significant buried cultural resources might be found
during construction, the following language shall be included on any permits
issued for the project site, including, but not limited to building permits for
future development, subject to the review and approval of the Gilroy Planning
Division:
If archaeological resources or human remains are discovered during
construction, work shall be halted within 50 meters (165 feet) of the find until
a qualified professional archaeologist can evaluate it. If the find is determined
to be significant, appropriate mitigation measures shall be formulated and
implemented (General Plan Policy 5.07).
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Planning Division
Schaal Subdivision Mitigation Monitoring Checklist
Mitigation Measure 12
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 (MLD) from the deceased Native
American. The MLD may then make recommendations to the landowner or
the person responsible for the excavation work, for means of treating or
disposing of, with appropriate dignity, the human remains and associated
grave goods as provided in Public Resources Code Section 5097.98. The
landowner or his authorized representative shall rebury the Native American
human remains and associated grave goods with appropriate dignity on the
property in a location not subject to further disturbance if a) the Native
American Heritage Commission is unable to identify a MLD or the MLD
failed to make a recommendation within 24 hours after being notified by the
commission; b) the descendent identified fails to make a recommendation; or
c) the landowner or his authorized representative rejects the recommendation
of the descendent, and the, mediation by the Native American Heritage
Commission fails to provide measures acceptable to the landowner.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 14
The developer of each residential lot shall submit a design level geotechnical
exploration for each building site prior to the issuance of a building permit.
The geotechnical exploration shall include test pits or borings within the area
proposed for grading and laboratory soils testing to provide data for
preparation of specific recommendations regarding lot grading, foundations,
and drainage.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Engineering Division
City of Gilroy
Schaal Subdivision Mitigation Monitoring Checklist
Mitigation Measure 15
The developer of residential Lot 10 shall include one of the following on
future building and grading plans: (1) complete removal of the slide debris
with contour shaping the new ground surface; (2) complete removal of the
slide debris and reconstruction of the slide area with subdrained, engineered
fill; (3) partial removal of slide debris with subsequent buttressing using
subdrained, engineered fill; (4) construction of one or more stabilizing pin -
walls; or (5) designing the development and improvements in areas away
from the landslide feature."
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Engineering Division
Mitigation Measure 18
The project proponent shall submit a Notice of Intent (NOI) and detailed
engineering designs to the Regional Water Quality Control Board. This
permit shall require development and implementation of a Storm Water
Pollution Prevention Plan that uses storm water "Best Management
Practices" to control runoff, erosion and sedimentation from the site.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Engineering Division
Step 3. Prior to commencement of construction activities, the following mitigation measures
shall be addressed:
Mitigation Measure 8
Prior to the commencement of construction activities and under the
supervision of a qualified biologist, temporary construction/ silt fencing shall
be installed along the 50 -foot riparian setback as shown on the tentative map
to protect the creek and associated creek vegetation from disturbance. Project
plans shall specify that construction vehicles, parking of vehicles or heavy
equipment, stockpiling of construction materials, and /or dumping of
materials shall not be allowed outside the boundaries of the work area. The
fencing shall remain in place during the entire construction period.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Planning Division
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Schaal Subdivision Mitigation Monitoring Checklist
Mitigation Measure 10
Prior to initiation of grading or construction activities, protected trees that are
to be retained and are located adjacent to the construction zone shall be
protected from inadvertent damage by construction equipment through
implementation of the following measures:
• wrap trunks with protective materials;
bridge or tunnel under major roots where exposed. Roots should be cut by
manually digging a trench and cutting exposed roots with a saw, vibrating
knife, rock saw, narrow trencher with sharp blades, or other approved
root - pruning equipment. Any roots damaged during grading or
excavation should be exposed to sound tissue and cut cleanly;
• avoid soil compaction, parking of vehicles or heavy equipment,
stockpiling of construction materials, and /or dumping of materials under
dripline of trees.
Party Responsible for Implementation: Project Proponent
Party Responsible for Monitoring: Gilroy Planning Division
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TM 01 -06 (Schaal)
Conditions of Approval— Revised for
Extension Request
Planning Division (contact Melissa Durkin at 846 -0440)
1. MITIGATION MEASURES #1 THROUGH JaO, contained within the adopted 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. Prior to Final Map approval, the improvement plan shall include the following:
A. Where feasible, retaining walls exceeding four feet in height shall be landscaped, at the
discretion of the Planning and Engineering Divisions.
B. Retaining wall section C -C shall be revised to show an interlocking block wall.
3. Prior to Final Map approval, the applicant shall provide Staff with a copy of the disclosure
statement for these parcels. The disclosure statement shall include:
A. Disclosure that the property north of this site will be developed with a public trail;
B. Disclosure that Architectural & Site Review approval will be required for all lots within this
subdivision;
C. Disclosure that the City will develop a public park north and east of this property; and
D. Disclosure that the homes located on lots 2, 3, 4, and 5 must face the creek.
4. The final map shall include a note that Lot 11 is restricted to one story. The applicant shall
provide staff with a copy of the deed restriction restricting this lot to one story with the Final Map
submittal. This deed restriction shall be recorded with the Final Map.
5. 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.
EXHIBIT 13
Schaal Revised Final Conditions of Approval
7/26/05
6. 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.
Engineering Division (contact Kristi Abrams or Arlynn Bumanglag at 846 -0450)
7. A SWPPP and an Erosion Control Plan is required for all development over 1 acre.
8. Certification of improvement on site plans is required prior to Building final (add to general notes
on Title sheet of plans).
9. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet
of plans).
10. 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.
11. Certification is required by the design engineer of the design and construction for all retaining
walls shown on the improvement plans prior to final acceptance of the subdivision.
12. 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
13. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in
Traffic Control Design.
14. A Traffic Control Plan shall be provided in the Improvement Plan set for all work within the
public right -of -way.
15. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by
the City Engineer in writing.
16. Full frontage improvements are required for all new development. All streets must show
sidewalks both sides.
17. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design
Criteria and is subject to all laws of this community by reference.
18. 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.
EXHIBIT C
Schaal Revised Final Conditions of Approval 7/26/05
19. 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.
20. 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.
21. A minimum of one exterior monument shall be set. Additional monuments can be required by the
City Engineer or City Surveyor as deemed necessary.
22. Location of monuments shall be tried out prior to work Any City monument damaged, displaced
or destroyed shall be replaced at the developers sole expense.
23. 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.
24. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
25. The developer shall submit an estimate of the probable cost of developer- installed off -site
improvements with the Final Map submittal.
26. The developer shall submit fees and bonds and enter into an improvement agreement prior to
Final Map recordation.
27. 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.
28. Prior to Final Map approval and approval of the Improvement Plans,' the following items will
need to be completed:
a. The developer shall provide joint trench composite plans for the underground electrical, gas,
telephone, cable television, and communication conduits and cables including the size,
location and details of all trenches, locations of building utility service stubs and meters and
placements or arrangements of junction structures as a part of the Improvement Plan
submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite
drawings and/or utility improvement plans. (All dry utilities shall be placed underground.)
b. 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.
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.
EXHIBIT C
Schaal Revised Final Conditions of Approval
7/26/05
29. A current Title Report shall be submitted for review to the City prior to final map approval.
30. 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.
31. All lots shall drain to the street for storm drainage.
32. Improvement plans are required for all on -site and off -site improvements.
33. Submit a Hazardous Material clearance for any underground tank removal from the appropriate
agency.
34. 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.
35. 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.
36. Storm and sewer lines in private streets shall be privately maintained unless approved by the City
Engineer in writing.
37. 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.
38. If any portion of the project if located in a special flood hazard area, provide the following
statement in a bold box with minimum 1/a -inch text on the front sheet of the plan set: "This
project is located in a Flood Zone. A Conditional Elevation Certificate is required prior to
the foundation pour and an Elevation Certificate with pictures of each of the four building
elevations is required prior to final inspection ".
39. 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.
40. If there is a Homeowners Association in place with this map prior to the map being released for
recordation, Conditions, Covenants and Restrictions shall be approved by the Planning Division.
41. The City shall be notified at least two (2) working days prior to the start of any construction work
and at that time the contractor shall provide a project schedule and a 24 hour emergency
telephone number list.
EXHIBIT C
Schaal Revised Final Condition.. _, Approval
7/26/05
42. All work shown on the improvement plans shall be inspected. Uninspected work shall be
removed as deemed appropriate by the City Engineer.
43. Once the tentative map is approved, the developer shall submit an 8 -1/2 X 11 -inch inch site plan
to the Engineering Division to assign addressing which shows the following: tract name and
number, lot number, street names, property lines, right -of -way lines, north arrow and curb cuts
for driveway.
44. Reimbursement is required for any frontage infrastructure including but not limited to curb,
gutter, sidewalk, storm, sewer, and water, constructed by others that benefits this development.
45. The permanent street name sign shall be installed immediately after the curb and gutter
construction is complete.
46. The developer /contractor shall make accessible any or all City utilities ad directed by the
City Engineer.
47. Additional comments may be added at any time due to incomplete plans, plan changes and
mistakes, errors or omissions.
48. Guardrails shall be provided on streets meeting the criteria of Chapter 7 of CalTrans's traffic
manual and/or at the direction of the City Engineer.
Fire Department (contact Rodger Maggio at 846 -0430)
49. Prior to Final Map approval, the improvement plans shall reflect the following requirements:
A. On Public and Private streets fire hydrants shall be spaced every 300 feet.
B. Streets shall provide a minimum 20 feet of unobstructed travel. Roadways less than 30 feet
shall be posted for no parking and curbs painted red on both sides and less than 40 feet wide
posted and painted on one side. Signage and curb painting shall be maintained in good
condition. Vertical clearance of 14 feet shall be maintained on Private Street. Private streets
shall have weeds abated in a 10 -foot perimeter on either side of the street from March —
November.
C. Roads shall not exceed 15 % grade. Driveways with greater than a 15% grade shall be
provided with an approved Fire Engine turnout. Driveways in excess of 150 foot shall be
provided with a turn around that meets the Fire Department turn- around template or shall be
provided an approved turnout. Vertical clearance of 14ee shall be maintained on driveways.
D. Gates shall be the same width as the roadway /driveway and shall be provided with KNOX key
access.
E. All landscaping (on the property) within 30 feet of a building shall be irrigated and maintained
as a defensible space per Fire Department Policy. No homes shall be placed closer than 30 ft
to property lines. A fuel transition zone shall be maintained between the irrigated landscape
EXHIBIT C
Schaal Revised Final Conditionb 4 Approval
7/26/05
and the balance of the lot per the Fire Department Policy (removal of debris and brush,
trimming of trees).
F. Prior to construction proof of cleanup from illegal disposal activity shall be provided and shall
be to the satisfaction of the County Environmental Health Department.
G. All homes shall be constructed with standards for Hillside development, including the
following:
1. residential fire sprinklers
2. non - combustible roofing material
3. non combustible exterior finish
4. protected attic vents
Parks Development (contact Bill Headley at 846 -0450)
50. Prior to Final Map approval, the applicant shall place notes on the improvement plans that state
the following:
A. The proposed public trails and connection to the Carriage Hill Park Site need to be submitted
to the Gilroy Park and Recreation Commission and Bicycle and Pedestrian Advisory Board for
review.
B. The Applicant shall obtain and follow all necessary regulatory permits as may be required for
work in or near the creek including but not limited to requirements by State Department of
Fish & Game, Santa Clara Valley Water District, State Regional Water Quality Control Board,
and the US Army Corps of Engineers.
EXHIBIT C
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -62 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
19th day of September, 2005, 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 26th day of September, 2005.
City Clerk of the City of Gilroy
(Seal)