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Resolution 2006-10RESOLUTION NO. 2006 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 04 -18, A VESTING TENTATIVE MAP TO SUBDIVIDE APPROXIMATELY 1.02 ACRES INTO SIX (6) SINGLE - FAMILY RESIDENTIAL LOTS AND ONE COMMON OPEN SPACE LOT, ON APPROXIMATELY 1.02 ACRES AT 1645 ANSON COURT, NORTHWEST OF MANTELLI DRIVE AND CALLE DEL REY, APN 783 -36 -051 WHEREAS, Glen Loma Group c/o Tim Filice, the applicant, submitted TM 04 -18, requesting a vesting tentative map to subdivide approximately 1.02 acres into six (6) single- family residential lots and one common open space lot, on approximately 1.02 acres at 1645 Anson Court, northwest of Mantelli Drive and Calle del Rey, APN 783 -36 -051 ( "Project "); and WHEREAS, the Planning Commission held a duly noticed public hearing on September 1, 2005, continued to October 6, 2005, and to November 3, 2005, at which times the Planning Commission considered the public testimony, the staff report dated August 19, 2005 ( "Staff Report"), and all other documentation related to application TM 04 -18, and recommended that the City Council approve the mitigated Negative Declaration prepared for the Project pursuant to the California Environmental Quality Act ( "CEQA "), and approve this application; and WHEREAS, the City Council held a duly noticed public hearing on November 21, 2005, at which time the City Council considered the public testimony, the Staff Report, and all other documentation related to application TM 04 -18 and continued said application; and WHEREAS, pursuant to CEQA, the City Council on December 19, 2005, following the continued public hearing, adopted the mitigated Negative Declaration and the required mitigation and monitoring program 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 IG 601682093.1 012506 - 04706089 -I- Resolution No. 2006 -10 substantial evidence in the record that the Project as mitigated will have a significant effect on the environment; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this Project approval is based is the office of the City Clerk. SECTION I NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds as follows: 1. The Project is consistent with the land use designation for the property on the City's General Plan map (Low Density Residential) and with the intent of the goals and policies of the General Plan. 2. The Project is consistent with the Zoning Ordinance and the City's Subdivisions and Land Development Code, and the State Subdivision Map Act. 3. Public utilities and infrastructure improvements needed to serve the proposed Project are available at the Project site. 4. The Project is consistent with surrounding development. 5. There is no substantial evidence in the entire record that the Project as conditioned will have a significant effect on the environment. 6. There are no facts to support the findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474. B. Vesting Tentative Map TM 04 -18 should be and hereby is approved, subject to 1GB01682093.1 012506 - 04706089 the conditions in the Staff Report, attached hereto as Exhibit A, entitled "Tentative Map Conditions," and incorporated herein by this reference; and the -2- Resolution No. 2006 -10 Negative Declaration dated "Final August 8, 2005," the mitigation measures set forth therein, and the Mitigation Monitoring Program, attached hereto as Exhibit B and incorporated herein by this reference. SECTION II This Resolution shall become effective, and approval of TM 04 -18 granted, if, and only if, and upon the same date that Ordinance No. 2006 -3 approving Z 04 -15 becomes effective. If said Ordinance does not take effect, then TM 04 -18, without any further action required by the City Council, is denied. PASSED AND ADOPTED this 6th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: CORREA, GARTMAN, VALIQUETTE, and PINHEIRO NOES: ABSENT COUNCILMEMBERS: COUNCILMEMBERS ATTEST: Rhonda Pellin, City Clerk IGB01682093.1 012506 - 04706089 -3- NONE ARELLANO, BRACCO, and VELASCO APPROVED: ert Pinheiro, Mayor Resolution No. 2006 -10 Z 04-15, VTM 04 -18, A/S O4 -70 TENTATIVE MAP CONDITIONS EXHIBIT A 08/19/05 The applicant shall meet the following conditions, subject to the review and approval of the Planning Division, Cydney Casper (408- 846- 0440): 1. MITIGATION MEASURES #1 THROUGH #8, contained within the Negative Declaration, 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). 2. 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. 3. The applicant, or successor in interest, must obtain Architecture and Site Review Planned Unit Development approval for the development of the homes prior to the issuance of any building permits. 4. Landscaping plans including specifications for an irrigation system and project entryway and open space features shall be approved by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to issuance of a building permit. 5. A Homeowner's Association (HOA) shall be established for the maintenance and preservation of the private open space areas and streets. The developer, or successor in interest, shall submit a copy of the Covenants, Conditions and Restrictions (CC &R's) for review by the Planning Division and City Attorney prior to recordation of any Final Map. 6. The applicant shall comply with all requirements and recommendations contained in the arborist report conducted by Barrie D. Coates & Associates dated January 5, 2005. 7. Vector based a -files will be required prior to Final Map approval, readable by AutoCAD (IGES, DxF, DWG), containing lot and street layout and all City utilities. These files will be used to update the City's GIS system. The applicant shall meet the following conditions, subject to the review and approval of the Engineering Division, Kristi Abrams (408- 846 - 0450): 8. Replace with manifold water meters per City Standard WA -18 (see attached). 9. The geotechnical engineer shall certify all trench backfill. 10. A SWPPP and an Erosion Control Plan is required for all development over 1 acre. 11. Certification of improvement on site plans is required prior to Building final (add to general notes on Title sheet of plans). Page 6 of 14 Z 04 -15, VTM 04 -18, A/S O4 -70 08/19/05 12. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of plans). 13. 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. 14. 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. 15. 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 16. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in Traffic Control Design. 17. A Traffic Control Plan shall be provided in the Improvement Plan set for all work within the public right -of -way. 18. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 19. Full frontage improvements are required for all new development. All streets must show sidewalks both sides. 20. 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. 21. 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. 22. 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. 23. 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. 24. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 25. 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 Page 7 of 14 Z 04 -15, VTM 04 -18, A/S O4 -70 08/19/05 26. 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. 27. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 28. The developer shall submit an estimate of the probable cost of developer - installed off -site improvements with the Final Map submittal. 29. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 30. 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. 31. 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. 32. A current Title Report shall be submitted for review to the City prior to final map approval. 33. 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. 34. All lots shall drain to the street for storm drainage. 35. Improvement plans are required for all on -site and off -site improvements. 36. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. Page 8 of 14 Z 04 -15, VTM 04 -18, A/S 04 -70 08/19/05 37. 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. 38. 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. 39. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 40. 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 LOMB (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 LOMB 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. 41. 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 ". 42. 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. 43. 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. 44. 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. 45. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 46. 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. 47. 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. 48. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. Page 9 of 14 Z 04 -15, VTM 04 -18, A/S O4 -70 08/19/05 49. The developer/ contractor shall make accessible any or all City utilities ad directed by the City Engineer. The applicant shall meet the following conditions, subject to the review and approval of the Fire Division, Jacqueline Bretschneider (408- 846- 0430): 50. Conditions shall be included on off -site improvement plans as "Fire Department Notes" and conditions illustrated or notation added as directed on the Final Map. Prior to street completion the Fire Marshal shall be contacted and a fire clearance for offside improvements be scheduled. 51. At building permit a F -Site permit shall be obtained from the Fire Marshal. 52. Provide a Street Hydrants at Anson and Jan Drive. Curbing shall be painted red for 15 ft on each side of each hydrant. No combustible construction to commence until fire hydrants are installed. 53. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 15 ft shall be provided. Turning radius shall not be less than 32' inside and 39'. When road is less than 28 ft. no parking on either side 54. Where parking is restricted, it shall be posted with signs for No Parking -Fire Lane and curbs shall be painted red. Signage and curb painting shall be maintained in good condition. The parking enforcement plan shall be reviewed and approved by Deputy Fire Marshal prior to the final inspection of the first unit built. The parking enforcement plan shall be provided by the developer for the HOA to follow, and shall be included in the CC&R's. 55. 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." 56. Due to the configuration of streets and units in this PUD all residential units shall be provided with a Fire Sprinklers meeting the NFPA 13D requirements. This condition shall be noted on the Final Map cover page and on building plot plans. When fire sprinkler systems are to be installed the site improvement plans shall provide adequate water connections to support an NFPA 13 D fire sprinkler system. Water service to the homes shall be sized to accommodate the fire sprinkler system. 57. House numbers shall be clearly visible from the street. If the house is recessed the house number shall be provided at the driveway entrance and at a height of not less than 36 inches from the ground. All main address numbers shall be a minimum of 2.5 inches in height with a 3/8 inch stroke and placed to read from left to right and/or top to bottom. 58. Street signage shall be installed prior to any on -site improvements (foundations or buildings) has begun. Page 10 of 14 r EXHIBIT B Community Development Department Planning Division (40.8) 846 -0440 ,NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 City File Number: A/S O4 -70, TM 04 -18, Z 04-15 Proiect Description: Name of Project: Anson Court Subdivision Nature of Project: Rezone from R1 to R1 -PUD, six -lot residential subdivision, and Architectural & Site Review PrOiect Location: Location: 1645 Anson Court. Assessor's: Parcel Number: 783 -36 -051 Entity or Person(s) Undertaking Proiect: Name: Glen Loma Group Address: 7888 Wren Avenue, Suite D143, Gilroy, CA 95020 Staff Planner: Cydney Casper, ccasper @ci..gilroy.ca.us 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 attached. r Anson Court Subdivision 2 _ _.al August 8, 2005 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 finings: The proposal is a logical component of the existing land use of this area. Identified adverse impacts are proposed to be mitigated on -site. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. ➢ City staff independently reviewed the Initial Study, -and this Negative Declaration reflects the independent judgment of the City of Gilroy. With the application of the following Mitigation Measures the proposed project will not have any significant impacts on the environment. Air Quality 1. The following dust control measures shall be incorporated into all permits for the proposed project, subject to the review and approval of the City of Gilroy Engineering Division: a. Water all active construction areas at least twice daily; b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; c. 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; d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. 2. The following measures shall be incorporated into all project plans, subject to the review and approval of the City of Gilroy Engineering Division: a. The idling time of all construction equipment shall not exceed five minutes; b. Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; Anson Court Subdivision 3 gal August 8, 2005 Negative Declaration c. All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; d. When feasible, alternative fueled or electrical construction equipment shall be used at the project site; e. Use the minimum practical engine size for. construction equipment; and f. Gasoline- powered equipment shall be equipped with catalytic converters, where feasible. Biological Resources (Trees) 3. Prior to completion of the final landscaping plans, aqualified arborist shall complete an inventory and assessment of the trees proposed for removal and trees that may be impacted by disturbance. All arborist recommendations shall be listed on the final landscape plans. The consulting arborist shall sign the Final Landscape Plans certifying that the plan is consistent with the recommendations made in the arborist's report. 4. In order to protect oak trees on the project site from inadvertent damage by construction equipment during grading and construction activities, native trees that are to be retained and are located within or adjacent to the construction zone shall be identified in grading plans, and the following protective methods employed during construction. a. for trees 12 inches in diameter or greater, install protective fencing 0.5- to 0.75 -feet from the trunk per inch trunk diameter; work within the protected area shall be overseen by a qualified arborist or biologist; b. bridge or tunnel under roots greater than four inches in diameter where exposed. Smaller roots shall 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 shall be exposed to sound tissue and cut cleanly, and, c. avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials under dripline of trees. Cultural Resources 5. Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included in 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 are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If r O Anson Court Subdivision 4 1 August 8, 2005 Negative Declaration the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 6. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): .y 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 (ML D) from the deceased Native American. The MID 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 MID 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. Geologic/Geotechnical 7. The applicant shall comply with the recommendations in the Fault Exploration prepared by Engeo, 2003, and the Geotechnical Exploration Report for the Anson Court Project prepared by Engeo, 2004, subject to review and approval by the City Engineering Division. Recommendations from the fault exploration are as follows: a. Final design shall included a minimum sturctural setback of 20 feet on both side of the fault. b. The loose backfill on the property will require removal and replacement with engineered fill if improvements are proposed across the trench. A qualified consulting firm shall be consulted to verify the trench location during the trench backfill removal and recompaction. n Anson Court Subdivision Negative Declaration 5 .al August 8, 2005 Recommendations from the geotehnical exploration are attached as Exhibit A. Noise 8. Prior to issuance of a buiding permit, the following measures shall be incorporated to project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR mitigation measure 4.7 -B) a. Limit construction activity to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. Require that all internal combustion engine - driven equipment is equipped with mufflers that are in good condition and appropriate for the equipment; c. Locate stationary noise - generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Date Prepared: June 29, 2005 End of Review Period: August 5, 2005 Date Adopted by City Council: William Faus Planning Division Manager bfaus @ci.gilroy.ca.us Anson Court Subdivision (A/s 04 -70, TM 04 -18, Z 04 -15) Monitoring Program The basis for this monitoring program is the mitigation measures included in the project environmental impact report. 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: A. 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. B. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all 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. C. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals. D. If a responsible individual or agency 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. Anson Court Subdivision 2 June 29, 2005 Mitigation Monitoring Program Step 1 Prior to approval of the final map and final improvement plans, the following mitigation measure shall be implemented: Prior to completion of the final landscaping plans, a qualified arborist shall complete an inventory and assessment of the trees proposed for removal and trees that may be impacted by disturbance. All arborist recommendations shall be listed on the final landscape plans. The consulting arborist shall sign the Final Landscape Plans certifying that the plan is consistent with the recommendations made in the arborist's report. Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Planning Division 7. The applicant shall comply with the recommendations in the Fault Exploration prepared by Engeo, 2003, and the Geotechnical Exploration Report for the Anson Court Project prepared by Engeo, 2004, subject to review and approval by the City Engineering Division. Recommendations from the fault exploration are as follows: a. Final design shall included a minimum sturctural setback of 20 feet on both side of the fault. b. The loose backfill on the property will require removal and replacement with engineered fill if improvements are proposed across the trench. A qualified consulting firm shall be consulted to verify the trench location during the trench backfill removal and recompaction. Recommendations from the geotehnical exploration are attached as Exhibit A. Step 2 Prior to approval and issuance of a building permit, the following mitigation measures shall be implemented: 1. The following dust control measures shall be incorporated into all permits for the proposed project, subject to the review and approval of the City of Gilroy Engineering Division: a. Water all active construction areas at least twice daily; b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; c. 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; d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and Anson Court Subdivision 3 June 29, 2005 Mitigation Monitoring Program e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Engineering Division 2. The following measures shall be incorporated into all project plans, subject to the review and approval of the City of Gilroy Engineering Division: a. The idling time of all construction equipment shall not exceed five minutes; b. Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; c. All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; d. When feasible, alternative fueled or electrical construction equipment shall be used at the project site; e. Use the minimum practical engine size for construction equipment; and f. Gasoline- powered equipment shall be equipped with catalytic converters, where feasible. Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Engineering Division 5. Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included in 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 are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Planning Division 6. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): Anson Court Subdivision 4 June 29, 2005 Mitigation Monitoring Program 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: Applicant Party Responsible for monitoring: Gilroy Planning Division Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Planning Division 8. Prior to issuance of a buiding permit, the following measures shall be incorporated to project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR mitigation measure 4.7 -B) a. Limit construction activity to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. Require that all internal combustion engine -driven equipment is equipped with mufflers that are in good condition and appropriate for the equipment; c. Locate stationary noise - generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Anson Court Subdivision 5 June 29, 2005 Mitigation Monitoring Program Party Responsible for implementation: Party Responsible for monitoring: Applicant Gilroy Engineering Division Step 3 During Construction, the following mitigation measure shall be implemented: 4. In order to protect oak trees on the project site from inadvertent damage by construction equipment during grading and construction activities, native trees that are to be retained and are located within or adjacent to the construction zone shall be identified in grading plans, and the following protective methods employed during construction. a. for trees 12 inches in diameter or greater, install protective fencing 0.5- to 0.75 -feet from the trunk per inch trunk diameter; work within the protected area shall be overseen by a qualified arborist or biologist; b. bridge or tunnel under roots greater than four inches in diameter where exposed. Smaller roots shall 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 shall be exposed to sound tissue and cut cleanly; and, c. 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: Applicant Party Responsible for monitoring: Gilroy Planning Division I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2006 -10 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 February, 2006, 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 21 st day of February, 2006. City Clerk of the City of Gilroy (Seal)