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Resolution 2007-04 RESOLUTION NO. 2007-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 05-60, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR AN 87 SINGLE-F AMIL Y HOME SUBDIVISION 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 A/S 05-60 requesting architectural and site approval of a planned unit development for an 87 single-family home development on approximately 63.5 areas located south of Hecker Pass Highway, north of Santa Teresa Boulevard, APNs 810-20-011 and -013 ("Project"); and WHEREAS, the Planning Commission held a 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 A/S 05- 60, and recommended that the City Council adopt the Mitigated Negative Declaration that applies to this Project and approve said application; and WHEREAS, the City Council held a public hearing on December 18, 2006, at which time the City Council considered the public testimony, the Staff Report, a supplemental staff report dated December 12,2006, and all other documentation related to A/S 05-60; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council adopted on December 18, 2007 the Mitigated Negative Declaration for this property when considering the tentative map for this Project, TM 05-13, which Mitigated Negative Declaration also governs this Project, and is attached hereto as Exhibit "A;" and IMD01714641.2 01-011307-04706083 -1- Resolution No. 2007-04 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: SECTION I A. The City Council hereby adopts the findings as required by Zoning Ordinance section 50.55 based upon substantial evidence in the entire record as summarized below: 1. The Project conforms to the Gilroy General Plan in terms of general location and standards of development. The Project is located in an area that the General Plan and the Hecker Pass Specific Plan has designated for residential development, and the Project will generally meet or exceed development standards. 2. The Project fills a specific need of the surrounding area by creating housing, which will help the City to meet its Housing Element goals. 3. The Project does not require urban services beyond those that are currently available at the Project site. 4. The Project conforms to the Hecker Pass Specific Plan, which IS a harmonious and integrated plan that justified design exceptions. 5. The Project is a clustered, compact development, which is an economical and efficient use of the land. 6. The Project exceeds minimum City requirements for landscaping in that it includes three private parks and landscaping of common areas. In addition, a condition of approval will be that the front yards of each home be landscaped. IMDOI714641.2 01-011307-04706083 -2- Resolution No. 2007-04 7. The proposed homes exceed City design standards and are consistent with the design standards set forth in the Hecker Pass Specific Plan. 8. The Project will not create undue traffic congestion, noise, odor or other adverse effects on surrounding areas. 9. The Project provides adequate access, parking, landscaping, trash areas and storage. B. Application AlS 05-60 should be and hereby is approved subject to the mitigation measures set forth in the Mitigated Negative Declaration and in the Mitigation Monitoring Program, attached hereto as Exhibits "A" and "B" respectively, and subject to the Planned Unit Development conditions set forth in Exhibit "C" attached hereto and entitled "AlS 05-60 FINAL CONDITIONS OF APPROVAL." SECTION II This Resolution shall become effective, and approval of AlS 05-60 granted, if, and only if, and upon the same date that the resolution approving TM 05-13 becomes effective. If said resolution does not take effect, then AlS 05-60, 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 IMDOI714641.2 01-011307-04706083 -3- Resolution No. 2007-04 ATTEST: ~td'l {;)~" Rhonda Pellin, City Clerk IMDOI714641.2 01-011307-04706083 APPROVED: ~r -4- Resolution No. 2007-04 EXHIBIT A Community Development Department Planning Division (408) 846-0440 NEGA TIVE DECLARATION A/S 05-60 City File Number: TM 05-13 Proiect Description: City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 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 priyate 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 Entity or Person(s) Undertakine: Proiect: Name: DeNoya Homes (Bob Weiss) Address: 33 Civic Dr. Pleasant Hill, CA 94523 Staff Planner: Melissa Durkin, mdurkin@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. The initial study was prepared to supplement the EIR prepared for the Hecker Pass Specific Plan. Findines & 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 of the 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 enyironment. ~ 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-1. The applicant shall specify in project plans the implementation ofthe 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 unpayed 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 runoff to 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 -1. 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 of the 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 approyal of the 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 of the 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. DeN ova Homes West Tentative Map Negative Declaration 4 October 25,2006 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 April 15 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 coyered, seeded, or invasive species actiyely removed. The landscape and reyegetation plan shall be included in the final improvement plans, subject to review and approyal by the Planning Division, prior to approval of the final improvement plans. BI-4. When within 100 feet of the 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 of these 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 improyement 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 ofthe 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 of the 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 actiyities 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 reyiew 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 of Fish 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. 81-8. 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 of the breeding season (until such time as the young are fully fledged) to prevent nest harassment and brood mortality. Work may proceed prior to August I 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. If trees 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 approyal 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. Bl-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 of the Planning Division. A report documenting survey results shall be subject to review and approyal by the Planning Division, prior to issuance of a building permit. Cultural Resources CR-I. 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. DeNova 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 l5064.5( e), subject to the review and approyal 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 -1 (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 DeNova 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 hislher 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 ofthe 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 Bil1.Faus@ci.gilroy.ca.us TM 05-13 A/S 05-60 APPENDIX 6 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 A/S 05-60 FINAL CONDITIONS OF APPROVAL Plannin2 Division (contact Melissa Durkin at 846-0440) 1. MITIGATION MEASURES #1 THROUGH #16, contained within the 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. Landscaping: The applicant shall landscape the front yards of each home. Landscaping plans including specifications for an irrigation system shall be approved by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed- free condition, in accordance with the adopted Consolidated Landscaping Policy and the approved specific landscape plan. This shall be subject to the review and approval of the Planning Division. 3. The developer shall provide stucco window trim, shutters, and/or other architectural amenities on the windows along the side and rear elevations on every home within this subdivision. 4. All fences must meet the requirements of Zoning Ordinance Section 34. 5. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. This is subject to the review and approval of the Planning Division. 6. Building colors shall be earth tones subject to the review and approval ofthe Planning Division. 7. The developer shall disclose to every future homebuyer that the Uvas Creek Park Preserve located south of this site will be developed with a trail that is open to the public. The developer shall provide a copy of this disclosure statement to the Planning Division prior to building permit issuance. 8. The developer shall disclose to every future homebuyer that active farming will occur on the agricultural lands within the Hecker Pass Special Use District. The developer shall provide a copy of this disclosure statement to the Planning Division prior to building permit issuance. 9. Approval of this Architectural & Site Review is subject to approval ofGPA 06-02, AlS 05-54, and M 05-05, and TM 05-13. Fire Department (contact Jacqueline Bretschneider at 846-0430,jacqueline.Bretschneider@ci.gilroy.ca.us) 10. The Building, Life, and Environmental Safety Division shall approve all hydrant locations and water main sizing prior to building permit issuance. Equipment and staffing shall be provided for watering of all exposed or disturbed soil surfaces at least twice daily. An appropriate dust palliative or suppressant, added to water before application, shall be utilized, subject to review and approval by the Building, Life, and Environmental Safety Division. AlS 05-60 Final Conditions of Approval 2 1/12/07 11. An all-weather access road for fire engines shall be provided before commencing any combustible construction. Fire hydrants shall also be installed and maintained before combustible construction begins. 12. Hydrant locations and water main sizing shall be subject to approval by the Building, Life, and Environmental Safety Division, prior to the issuance of any building permits. 13. Prior to street completion the Fire Marshal shall be contacted and a fire clearance for offside improvements shall be scheduled. 14. Fire Hydrants shall be able to flow 1,500 gpm with a 20 psi residual pressure for homes up to 3,600 square feet. Street Hydrants shall be spaced every 300 feet, and within 150 feet of any building. Hydrants shall be installed prior to commencement of construction with combustible materials. The most remote hydrant shall be flow tested by the Fire Marshal prior to possession by the water department. Flow test shall be submitted to the Fire Marshal prior to the building permit. Curbing shall be painted red for 15 feet on each side of each hydrant. 15. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 15 feet shall be provided. Parking restriction shall be as follows: a. 20 feet. no parking on either side b. 28 feet. no parking on one side. c. 36 feet parking not restricted. 16. . In lieu of red curbs, where parking is restricted, it shall be posted with signs for "No Parking-Fire Lane." Signage shall be maintained in good condition. The signs shall be in sufficient number to adequately replace red curbs. 17. Street signage shall be installed prior to anyon-site improvements (foundations or buildings) has begun. 18. 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. Ensdneerin2 Division (contact John Brice at 846-0450, John.Brice@ci.gilroy.ca.us) 19. Street improvements and the design of all storm drainage, sewer, and water lines, and all street sections and widths shall be subject to the review and approval of the Engineering Division. 20. The Engineering Division shall assign street addresses. 21. The applicant shall provide a soils report to the Engineering Division. AlS 05-60 Final Conditions of Approval 3 1/12/07 Bundin!!: Division (contact Stephen Lau at 846-0430, Stephen.Lau@ci.gilroy.ca.us) 22. The following language shall be included on any permits issued at the project site, subject to the review and approval of the Gilroy Engineering and Building Divisions. "All 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." Community Service (Contact Carla Ruigh at 846-0460, Carla.Ruigh@ci.gilroy.ca.us) 23. The developer shall be required to install street trees according to the Consolidated Landscaping Policy. The developer will be required to obtain a Street Tree Permit prior to installation of the trees. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-04 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. ~~ City C erk of the City of Gilroy (Seal)