Loading...
Resolution 2007-03 RESOLUTION NO. 2007-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 05-13, A TENTATIVE MAP TO CREATE 87 SINGLE-FAMILY RESIDENTIAL LOTS ON APPROXIMATELY 63.5 ACRES LOCATED SOUTH OF HECKER PASS HIGHWAY, WEST OF SANTA TERESA BOULEVARD, APNs 810-20-011 and -013 WHEREAS, De Nova Homes submitted application TM 05-13, requesting a tentative map to create 87 single-family residential lots ("the Project") on approximately 63.5 acres located south of Hecker Pass Highway, north of Santa Teresa Boulevard, APNs 810-20-011 and -013; and WHEREAS, the Planning Commission held a duly noticed public hearing on December 7, 2006, at which time the Planning Commission considered the public testimony, the staff report dated November 29, 2006 ("Staff Report"), and all other documentation related to application TM 05-13, and recommended that the City Council adopt the Mitigated Negative Declaration for the Project and approve said application; and WHEREAS, the City Council held a duly noticed public hearing on December 18, 2006, at which time the City Council considered the public testimony, the Staff Report, a supplemental staffreport dated December 12,2006, and all other documentation related to TM 005-13; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council, following the public hearing held on December 18, 2007, considered the proposed Mitigated Negative Declaration for the Project together with any comments received during the . public review process and adopted the Mitigated Negative Declaration, attached hereto as Exhibit "A", finding that the Mitigated Negative Declaration was completed in compliance with CEQA, that the Mitigated Negative Declaration reflects the independent judgment of the City, . IMDOLlNGERI714637.1 011107-04706083 -1- Resolution No. 2007-03 and that there is no substantial evidence in the entire 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. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds as follows: 1. The proposed Project is consistent with the intent of the goals and policies of the City's General Plan document. 2. The proposed Project is consistent with the City's Zoning Ordinance and Subdivision and Land Development Code, the Hecker Pass Specific Plan, and with the California Subdivision Map Act. 3. Public utilities and infrastructure improvements needed to serve the Project are in close proximity to the Project site. 4. The Project is consistent with surrounding development in this area. 5. There are no facts to support the findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474. B. The City Council hereby adopts the Mitigation Monitoring Program for the Project, attached hereto as Exhibit "B". C. Tentative Map TM 05-13 should be and hereby is approved, subject to the conditions of approval set forth in Exhibit "C" attached hereto and entitled "TM 05-13 FINAL CONDITIONS OF APPROVAL", and subject to the mitigation measures set forth in the Mitigated Negative Declaration and the Mitigation Monitoring Program. IMDOLlNGERI714637.1 011107-04706083 -2- Resolution No. 2007-03 D. This resolution shall become effective if, and only if, and upon the same date that Resolution No. 2007- adopting A/S 05-54 approving the Hecker Pass Backbone Infrastructure Plan, becomes effective. If said Resolution does not take effect, then TM 05-13, without any further action required by the City Council, is denied. PASSED AND ADOPTED this 22nd day of January, 2007, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~~ Orl - inheiro, Mayor ATTEST: ~L, Rho da Pellin, City Clerk IMDOLlNGERI714637.1 011107-04706083 -3- Resolution No. 2007-03 EXHIBIT A Community Development Department Planning Division (408) 846-0440 NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 City File Number: TM 05-13 Proiect Description: Name of Project: Nature of Project: DeNova Homes West Tentative Map The project includes the subdivision of the project site as shown in Figure 5, Vesting Tentative Map in the attached initial study. The proposed project also includes the development of 84 residential units, 1.5 acres of private streets, and approximately one acre of private open space/parks, also referred to as phase one of the subdivision. Proiect Location: Location: South of Hecker Pass Highway, in the southwestern portion of the Hecker Pass Specific Plan in the City of Gilroy. Assessor's Parcel Number: 810-020-011 and 810-020-013 Entitv or Person(s) Undertakine: Proiect: Name: Address: Staff Planner: DeNova Homes (Bob Weiss) 33 Civic Dr. Pleasant Hill, CA 94523 Melissa Durkin, mdurkin@cLgilroy.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 ofthis study is attached. The initial study was prepared to supplement the EIR prepared for the Hecker Pass Specific Plan. Findine:s & Reasons: DeNova Homes West Tentative Map Negative Declaration 2 October 25,2006 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. On the basis ofthe whole record, there is no substantial evidence the project will have a significant effect on the environment. The following reasons will support these findings: ~ The proposal is a logical component of the existing land use of this area. ~ Identified adverse impacts are proposed to be mitigated on-site and a mitigation monitoring and reporting program have been prepared. ~ The proposed project is consistent with the adopted goals and policies of the General Plan ofthe City of Gilroy, as well as the Hecker Pass Specific Plan. ~ 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. ~ The Gilroy Planning Division is the custodian of the documents and other material that constitute the record of proceedings upon which this decision is based. Air Quality AQ-I. The applicant shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Planning Division: The following measures shall be implemented at all construction sites: . Water all active construction areas at least twice daily; . Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; . Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; . Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; . Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; . Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); DeNova Homes West Tentative Map Negative Declaration 3 October 25, 2006 · 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 runoffto public roadways; · Replant vegetation in disturbed areas; · Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at all exit points to dislodge and trap dirt from vehicle tires; · 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 anyone time. Biological Resources BI-l. In order to protect riparian woodland habitat during construction, the contractor shall install temporary fencing along the boundary of the 100-foot buffer prior to commencement of grading and construction activities. Four-foot fencing shall be fastened to t-post stakes placed at eight-foot intervals. Signs shall be installed to clearly designate sensitive habitat boundaries. Erosion control shall be installed to prevent washing of soil or materials into the riparian area during construction. To the extent possible, temporary construction staging areas and access roads shall be located on existing dirt roads or other previously disturbed sites. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the buffer area. The fencing shall remain in place during the entire construction period. If construction is to occur within the buffer areas, protective fencing shall be placed as near the boundary ofthe buffer area as possible. Permanent open-rail fencing may be installed in lieu of the temporary fencing. These specifications shall be included in the final improvement plans, subject to review and approval by the Planning Division, prior to approval ofthe final improvement plans. BI-2. In order to allow a prompt and effective response to any accidental spills occurring during construction, and to protect on-site and downstream water quality and habitat, the project proponent shall prepare a spill abatement plan and hold a pre-construction worker orientation meeting(s) to discuss the spill abatement plan. Workers shall be informed ofthe importance of preventing spills, and of the appropriate measures to take should a spill occur. The materials necessary for the initial response to a spill shall be kept at an easily accessible location on the project site. Construction material debris, including trash, shall not be allowed within the creek channel or buffer area. DeNova Homes West Tentative Map Negative Declaration October 25,2006 4 The spill abatement plan shall be included in the final improvement plans, subject to review and approval by the Planning Division, prior to approval of the final improvement plans. BI-3. In order to prevent the spread of invasive non-native species, the project proponent shall prepare and implement a landscaping and re-vegetation plan to include the following requirements: . An eradication plan for plants listed on the Invasive Plant Inventory (Cal-IPC 2006) currently growing on the project site to be implemented during the grading phases of the project; . Use of plants listed on the Invasive Plant Inventory (Cal-IPC 2006) shall be prohibited; . Exposed soil areas shall be planted, mulched, or covered between October 15 and the following Aprill5 each year; . Plant materials used in landscaping, erosion control, or habitat restoration shall consist of plants that are included in an appropriate native California plants as identified by a qualified biologist or landscape architect; . Information regarding the removal of invasive species and landscaping plant preferences shall be distributed to each homeowner prior to occupancy; . To prevent erosion and conserve water during construction, bare soil between newly installed plant materials shall be mulched, covered with jute netting, or seeded with a mix of seeds best suited for the climate and soil conditions, and native to the Santa Clara County region; and . Lots graded but left vacant pending sale and construction of a house and landscaping shall be monitored for invasive plants. If deemed necessary, bare soils should be covered, seeded, or invasive species actively removed. The landscape and revegetation plan shall be included in the final improvement plans, subject to review and approval by the Planning Division, prior to approval of the final improvement plans. BI-4. When within 100 feet ofthe Uvas Creek corridor, a qualified biologist shall monitor all construction activities. Monitoring shall focus on potential habitat and/or individual riparian species, including the California yellow warbler, yellow-breasted chat, San Francisco dusky- footed woodrat, western pond turtle, steelhead, Monterey roach, loggerhead shrike, bats, and raptors. The monitor shall look for individuals ofthese species within suitable habitat, identify any buffers necessary to avoid impacts if individuals are found, relocate individuals of these species out of the construction area as necessary and feasible (in consultation with the USFWS and/or CDFG), and coordinate with City of Gilroy, and agency staff as necessary. These specifications shall be included in the final improvement plans, subject to review and approval by the Planning Division, prior to approval of the final improvement plans. DeNova Homes West Tentative Map Negative Declaration 5 October 25, 2006 A report documenting monitoring results shall be subject to review and approval by the Planning Division, prior to issuance of an occupancy permit. BI-5. A qualified biologist shall conduct a preconstruction worker information meeting ("tailgate meeting") to inform construction personnel of the potential presence of special status species and protected habitats. A handout describing each special status species with photographs and procedures to follow if a species is encountered when the biological monitor is not on site shall be distributed and posted in a common location. Additional worker information meetings after the initial preconstruction meeting shall be conducted prior to new worker personnel beginning work on the site. These specifications shall be included in the final improvement plans, subject to review and approval by the Planning Division, prior to approval of the final improvement plans. A report documenting the results shall be subject to review and approval by the Planning Division, prior to issuance of an occupancy permit. BI-6. Prior to conducting any work adjacent to the Uvas Creek buffer area, a qualified biologist shall survey for the presence of bank swallows, yellow-breasted chat, and yellow warblers at and within the immediate vicinity ofthe project area. If swallows, chats, and/or warblers are present, appropriate mitigations shall be developed in consultation with the CDFG, including, but not be limited to, timing construction within a 300-foot buffer of the nesting area to avoid nesting seasons (March through August) or until young have fledged. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. BI -7. Prior to future development projects and 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 ofthe construction zone that are not within the control ofthe 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 ofFish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department ofFish and Game Staff Report on Burrowing Owl Mitigation (California Department ofFish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: · A voidance 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; DeNova Homes West Tentative Map Negative Declaration 6 October 25,2006 · Enhancement of existing burrows and/or creation of new burrows; · Passive relocation of burrowing owls. This mitigation measure is subject to the review and approval of the Planning Division. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. BI-8. Pre-construction surveys for nesting raptors will be conducted by a qualified biologist if construction is to occur during the nesting season (April 15 - August 1) to reduce impacts to a less than significant level. If raptor nests are located during pre-construction surveys, a qualified biologist shall establish a 300-foot buffer around each nest for the duration ofthe breeding season (until such time as the young are fully fledged) to prevent nest harassment and brood mortality. Work may proceed prior to August 1 only if a qualified biologist conducts nest checks and establishes that the young are fully fledged. Every effort will be made to avoid removal or impact to known raptor nests within project boundaries. Iftrees known to support raptor nests cannot be avoided, removal ofthese trees will only occur during the non-breeding season to reduce impacts to a less than significant level. This mitigation measure is subject to the review and approval of the Planning Division. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. BI-9. Pre-construction surveys for roosting bats will be performed no more than 30 days prior to construction. If roosts are found, a Memorandum of Understanding (MOU) with the CDFG will be obtained by the contractor in order to remove bat species. Alternatively, the construction schedule will be modified to initiate construction after August 1, when young have fledged. Alternative habitat will need to be provided if bats are to be excluded from maternity roosts. If this is the case, a roost with comparable spatial and thermal characteristics will be constructed and provided. CDFG shall be consulted regarding specific designs. This mitigation measure is subject to the review and approval ofthe Planning Division. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. Cultural Resources CR-l. Prior to issuance of a grading permit, the project proponent shall contract with a qualified archaeologist to prepare an archaeological monitoring program for the project site. The program shall be implemented during earth moving activities. In the event significant resources are discovered, all construction with 50 meters (165 feet) shall be halted until the project archaeologist has formulated and implemented an appropriate mitigation plan. A report documenting monitoring results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. DeN ova Homes West Tentative Map Negative Declaration 7 October 25, 2006 CR-2. 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 the language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found 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. Hazards and Hazardous Materials HA-l. Prior to the issuance of a building permit, the project applicant shall contract with a qualified consultant to conduct additional soil sampling and testing in the area containing the pesticide tanks. Ifnecessary, the site shall be cleaned according to county standards prior to the issuance of the building permit. Noise N-1. All noise generating construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays or city holidays. In addition, temporary berms or noise attenuation barriers shall be utilized when necessary. This requirement shall be attached as a contractor work specification for all projects. Transportation T -I (Specific plan mitigation measure 18) Applicants for projects within the specific plan area shall be responsible for improving Hecker Pass Highway immediately west of Santa Teresa Boulevard to include a second westbound travel lane. The second westbound travel lane on Hecker Pass Highway, and the appropriate lane-drop DeN ova Homes West Tentative Map Negative Declaration 8 October 25, 2006 taper consistent with Caltrans' Standards, should extend as far as possible beyond (west of) Santa Teresa Boulevard as can be accommodated within the existing public right-of-way, with the design subject to approval by the City Engineer in his/her reasonable discretion. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the widening project. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. Traffic signal modifications should be made to the intersection of Santa Teresa Boulevard and First StreetlHecker Pass Highway to add vehicle detection for the second eastbound through lane. T-2 (Specific plan mitigation measure 19 Applicants for projects within the specific plan area shall be responsible for shoulder improvements to Hecker Pass Highway, per Caltrans' standards, between Santa Teresa Boulevard and the easterly limits of the planned Caltrans Uvas Creek Bridge Improvement project. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the shoulder improvements. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. Date Prepared: October 25,2006 End of Review Period: December 1,2006 Date Adopted by City Council: William Faus Planning Division Manager B ill.F aus@cLgilroy.ca.us TM 05-13 APPENDIX 13 MITIGATION MONITORING PROGRAM DeNova Homes Subdivision West 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 mitigated 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 environmental impact report. 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: 1. 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. City of Gilroy DeNova Homes Subdivision West 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. City of Gilroy 2 EXHIBIT C TM 05-13 FINAL CONDITIONS OF APPROVAL Plannin2 Division (contact Melissa Durkin at 846-0440, Melissa.Durkin@ci.gilroy.ca.us) 1. MITIGATION MEASURES #1 THROUGH #16, contained within the attached 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). This shall be subject to the review and approval of the Planning Division. 2. Approval ofthis Tentative Map is subject to approval ofGPA 06-02, AlS 05-54, and M 05-05. City Attornev (contact Linda Callon at 286-5800, lac@berliner.com) 3. 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. 4. With the exception of lots that received an exemption from the application of the City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. En2ineerin2 Division (contact John Brice at 846-0450, John.Brice@ci.gilroy.ca.us) 5. General Note #15 - There are no exceptions to the undergrounding requirement for SR 152. All overhead utilities, existing and proposed, 64 KU and lower shall be placed underground. 6. Recycled water line shall be 10 feet minimum from sanitary sewer and 6 feet minimum from Storm Drain unless otherwise approved by the City Engineer. 7. Provide a temporary loop for recycled water line unless otherwise approved by the City Engineer. 8. Modified curb shall be 24 inches horizontal from flow line to top of curb. TM 05-13 Final Conditions of Approval 2 1/12/06 9. All backbone infrastructure shall either be in place or plans approved and bonded for prior to approval of the final map. 10. The developer shall pay City's reasonable costs for an outside consultant's review of the round- about. 11. The developer shall complete negotiations with adjacent property owners for the design and acquisition of all right-of-way, emergency access, storm, and sanitary sewer improvements and/or easements prior to approval of the first Final Map. 12. A SWPPP and an Erosion Control Plan is required for all development over 1 acre. 13. Certification of improvement on site plans is required prior to Building final (add to general notes on Title sheet of plans). 14. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of plans). 15. 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. 16. 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. 17. 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. 18. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in Traffic Control Design. 19. A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the public right-of-way. 20. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 21. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 22. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria or City approved exceptions, and is subject to all laws of this community by reference. 23. 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 or City approved exceptions, 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. TM 05-13 Final Conditions of Approval 3 1/12/06 24. 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. 25. 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. 26. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 27. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. 28. 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. 29. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 30. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final map submittal. 31. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 32. In the event it is necessary to acquire offsite easements or street right-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. 33. 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. TM 05-13 Final Conditions of Approval 4 1/12/06 34. A current Title Report shall be submitted for review to the City prior to Final map approval. 35. 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. 36. All lots shall drain to the street for storm drainage. 37. Improvement plans are required for all on-site and off-site improvements. 38. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 39. 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. 40. The developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. 41. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 42. 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. 43. If any portion of the project is located in a special flood hazard area, provide the following statement in a bold box with minimum ~ 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". 44. 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. 45. 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. 46. 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. TM 05-13 Final Conditions of Approval 5 1/12/06 47. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 48. Once the tentative map is approved, the developer shall submit an 8-1/2 X II-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. 49. 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. 50. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 51. The developer/contractor shall make accessible any or all City utilities as directed by the City Engineer. 52. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes, errors or omissions. Fire Department (contact Jacqueline Bretschneider at 846-0430, Jacqueline.Bretschneider@ci.gilroy.ca.us) 53. All of the following Fire Conditions shall be included on off-site improvement plans as "Fire Department Notes." Prior to off site improvement completion, the applicant shall contact the Fire Marshal to schedule a fire clearance for off-site improvements. The applicant shall obtain a Fire- Site Permit prior to building permit for Fire tracking of off site improvement inspections. a. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to 3600 square ft. Street Hydrants shall be spaced every 300 ft, and shall be within 150 ft of any building. Hydrants shall be installed prior to commencement of construction with combustible materials. Fire Hydrant locations shall be approved by the Fire Marshal during review of off-site improvement plans. Curbing shall be painted red for 7 ft on each side of each hydrant. For locations where there is no curb an alternate method shall be provided subject to approval by the Fire Marshal. Fire Hydrant markings to be shown on the improvement plans. b. All homes shall be provided with a residential fire sprinkler system (NFPA 13d). Water laterals and meters sized to allow for a residential NFP A 13d fire sprinkler system. c. Where parking is restricted, it shall be posted with signs for No Parking-Fire Lane and curbs shall be painted red subject to review and approval by the Fire Marshal. Signage and red curbing to be shown on the improvement plans. 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. This item to be completed prior to the first building final. TM 05-13 Final Conditions of Approval 6 1/12/06 d. The Final Map shall 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." e. Dead end public streets in shall be provided with a cul-de-sac of 78'diameter. For public streets that will not be completed an alternate turn around shall be submitted for review and approval on the improvement plans. These turn around areas shall be posted for no parking and shall have red curbing or striping around the perimeter. f. Roads shall not exceed 15 % grade, shall provided 14 ft overhead clearance, and an inside turning radius of not less than 32' and outside radius of not less than 39'. g. Trees shall be eliminated from the inside of the round-about intersections, and pulled away from the turning radius of the street intersections to provide for visibility of emergency response vehicles at the round-about intersections. h. Grade transition from streets to driveways shall not exceed 2%. Other grade transitions shall not exceed 10% to prevent fire apparatus bottom out. 1. Gated Streets shall have Fire and Police KNOX access and shall be provided with an Optic om automatic opening system compatible with the Fire Department equipment. Gates shall provide opening of full width of roadway being served. J. Street signage shall be installed prior to anyon-site improvements (foundations or buildings) has begun. k. An urban wild land vegetation management professional shall provide an evaluation of the areas to remain in natural vegetation (open spaces and riparian areas). It should also include a plan for vegetation management in gravel shoulders and swales along streets and trails. The vegetation modification and maintenance plan (including provisions for meeting the Fire Department Fuel transition zone policy shall be provided to the Fire Marshal for review and approval. The developer shall implement the recommendations in the plan and the HOA shall be responsible for maintaining the vegetation pursuant to the plan. This item to be completed prior to the first building final. I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2007-03 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 22nd day of January, 2007, 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 8th day of February, 2007. ~t,,-UJ~ City lerk of the City of Gilroy (Seal)