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Resolution 2007-09 RESOLUTION NO. 2007-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 05-01, A TENTATIVE MAP TO CREATE 21 SINGLE-FAMILY RESIDENTIAL AND 50 RESIDENTIAL HILLSIDE LOTS ON APPROXIMATELY 70.7 ACRES LOCATED WEST OF RANCHO HILLS DRIVE, APN 783-20-058 WHEREAS, Glen Lorna Group submitted application TM 05-01 requesting a tentative map to create 21 single-family residential and 50 residential hillside lots on approximately 70.7 acres located west of Ranch Hills Drive, APN 783-20-058, which project is known as the Rancho Hills/Deer Park Phase II Subdivision, hereinafter, "the Project;" 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 22, 2006 ("Staff Report"), the proposed Negative Declaration and all other documentation related to application TM 05-01, and recommended that the City Council adopt the Negative Declaration for the Project, and approve said application with the conditions of approval set forth in the Staff Report and one (1) additional condition that all architectural plans for homes within the subdivision be presented to the Planning Commission and City Council for review and approval; 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 staff report dated December 12,2006, and all other documentation related to TM 05-01 WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on December 18, 2006, after consideration of the proposed Negative Declaration for the Project together with any comments received during the public review process, adopted the Negative Declaration, attached hereto as Exhibit "A", finding that the Negative Declaration was . . IMD01714549,2 01-011407-04706089 -1- Resolution No. 2007-09 completed in compliance with CEQA, that the Negative Declaration reflects the independent judgment ofthe City, 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 Tentative Map is consistent with the intent of the goals and policies ofthe General Plan, as more fully discussed in the Staff Report. 2. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State 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, as more fully discussed in the Staff Report. 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 Mitigation Monitoring Program prepared for the Project, attached hereto as Exhibit "B", is hereby adopted. C. Tentative Map TM 05-01 should be and hereby is approved, subject to the conditions of approval set forth in Exhibit "C" attached hereto and entitled "TM 05-01 FINAL IMD01714549,2 01.{)11407-04706089 -2- Resolution No. 2007-09 CONDITIONS OF APPROVAL", and subject to the mitigation measures set forth in the Negative Declaration and subject to the Mitigation Monitoring Program. PASSED AND ADOPTED this 22nd day of January 22, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO APPROVED: ATTEST: ~..~. "4 " onda Pellin, City Clerk IMD01714549,2 01-011407-04706089 -3- Resolution No. 2007-09 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 05-01 Proiect Description: Name of Project: Nature of Project: Rancho Hills/Deer Park Phase II Tentative Map Application for a 74-lot subdivision, 71 lots would be for single-family residential Proiect Location: Location: West of Rancho Hills Drive at the terminus of Sunrise Drive and Longmeadow Drive in the city of Gilroy. Assessor's Parcel Number: 783-20-057 Entity or Person(s) Undertakin2 Proiect: Name: Glen Lorna Group (John Filice) Address: 7888 Wren Avenue, Suite D143, Gilroy, CA 95020 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. Rancho Hills/Deer Park Phase II Tentative Map Negative Declaration 2 September 14, 2006 Findin2s & Reasons: The initial study identified potentially significant effects on the environment. However, this project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant effects will occur. 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 projectis consistent with the adopted goals and policies ofthe 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. ~ 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 The following mitigation measure shall be incorporated into the project's final improvement plans as an implementation measure. AQ-l. Project proponents 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 Engineering 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; and · Sweep streets daily (with water sweepers) ifvisible soil material is carried onto adjacent public streets. Rancho Hills/Deer Park Phase II Tentative Map Negative Declaration 3 September 14, 2006 The following measures shall be implemented at all construction sites greater than four acres III area: · Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); · Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); · Limit traffic speeds on unpaved roads to 15 mph; · Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and · Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: · Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; · Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; · Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and · Limit the area subject to excavation, grading and other construction activity at any one time. Biological Resources (Invasive Species) BI-l. 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; Rancho Hills/Deer Park Phase II Tentative Map Negative Declaration 4 September 14,2006 · 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. Biological Resources (Waters of the U.S.) BI-2. Prior to future development activities, an average 50-foot setback ofthe unnamed drainages will be incorporated into the project plans. This setback will stretch outward from the top of the bank on either side of the drainage. Grading and equipment will not be allowed within this setback. If disturbance is proposed within the drainage, a Section 404 permit from the USACE and a Streambed Alteration Agreement from CDFG shall be obtained. This mitigation measure shall be subject to the review and approval of the Planning and Engineering divisions. Biological Resources (Burrowing Owl) BI-3. 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 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 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 of Fish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: · Avoidance of occupied burrows during the nesting season (February 1 through August 31); · Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat; · Enhancement of existing burrows and/or creation of new burrows; and Rancho Hills/Deer Park Phase II Tentative Map Negative Declaration 5 September 14, 2006 · Passive relocation of burrowing owls. This mitigation measure is subject to the review and approval of the Planning Division. Biological Resources (American Badger) BI-4. Undisturbed areas that might be affected by proposed construction projects will be surveyed (including a 300-ft buffer zone) for known dens ofthe American badger no sooner than 30 days prior to the beginning of construction activities. If known dens are identified within the survey area, exclusion zones of 100 ft will be established and delineated. If known dens will be unavoidably impacted, consultation with the California Department of Fish and Game will occur to determine acceptable procedures for destruction and replacement strategy for the loss of the dens. This mitigation measure is subject to the review and approval of the Planning Division. Biological Resources (Roosting Bats) BI-5. Pre-construction surveys for roosting bats will be performed no more than 30 days prior to construction. Ifroosts 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 ifbats 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 will be consulted regarding specific designs. This mitigation measure is subject to the review and approval ofthe Planning Division. Biological Resources (Raptor Nests) BI-6. 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 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. If trees known to support raptor nests cannot be avoided, removal of these 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 ofthe Planning Division. Biological Resources (Trees) BI-7. Prior to construction, a qualified arborist shall complete an inventory and assessment of any trees proposed for removal and/or trees that may be impacted by disturbance. Included in this survey will be recommendations for the following: Rancho Hills/Deer Park Phase II Tentative Map Negative Declaration 6 September 14,2006 a. Avoidance of tree removal whenever possible; b. Transplanting of trees if possible; and c. Recommendations for replacement planting areas, replacement ratio, and monitoring after replanting. Project site developers shall implement the recommendations in the arborist report. To compensate for the loss of protected trees, any protected tree( s) that are removed shall be replaced. The typical ratio of replacement is 3: 1; however the arborist may make recommendations regarding the ratio based on the results of the tree assessment and planting plan and depending on size and health of the trees. Replacement locations may include areas within the proposed project boundary or within the campus boundary. This mitigation measure is subject to the review and approval of the Planning Division. BI-8. 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 under 12 inches in diameter, wrap trunks with protective materials; b. 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 of biologist; c. 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 d. Avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials under dripline of trees. This mitigation measure is subject to the review and approval ofthe Planning Division. Biological Resources (Wildlife Movement) BI-9. Development on parcels that do not have building envelopes identified on them shall be sited as close to the subdivision roads as possible, but no farther than 150 feet from the street (which will additionally provide for emergency vehicle access, and appropriate fire fighting proximity), and outside of the oak woodland habitat. Driveways, fence lines, storm drainage channels, and other linear features shall be designed to avoid transecting the oak woodland habitat. If linear features do transect oak woodland habitat, these features will be designed to facilitate wildlife movement, such as roadways without curbs, drainage channels with shallowly sloped walls, etc. This mitigation measure is subject to the review and approval of the Planning Division. Rancho Hills/Deer Park Phase II Tentative Map Negative Declaration 7 September 14, 2006 Cultural Resources CR-l. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy general Plan Policy 5.07): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 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 peson 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. Rancho Hills/Deer Park Phase II Tentative Map Negative Declaration 8 September 14, 2006 Geology and Soils GE-I. The project proponent shall implement all applicable recommendations provided by Terrasearch, Inc. in the Geologic/Geotechnical Investigation for Deer Park 71 Lot Subdivision West of Rancho Hills Drive (August 2001). The recommendations, as appropriate, shall be implemented in the design, grading, construction, buildout, and habitation phases of the project. The recommendations shall be included in the final improvement plans, subject to review and approval by the City Engineering Division. GE-2. Any recommendations provided by Terrasearch, Inc. in the Geologic/Geotechnical Investigation for Deer Park 71 Lot Subdivision West of Rancho Hills Drive (August 2001) pertaining to habitation or use of the home sites shall be identified in the disclosure information provided to the homeowner/property owner prior to purchase of the property. For example, recommendation on page 33 of the report states, "Flower beds or planters are not recommended adjacent to the building foundations because of the possibility of irrigation water affecting the foundations or slabs. Should planters be constructed, vegetation requiring little irrigation should be planted. It is preferred that irrigation adjacent to the building foundations consist of a drip watering system." The applicant shall prepare the disclosure package, subject to review and approval by the Planning Division, prior to the issuance of the first building permit. Hazards (Wildland Fire and Fire Response) HZ-I. Prior to approval of building permits, the developer shall incorporate the following fire mitigation measures into the building plans, subject to review and approval by the Building, Life and Safety Division:. a. All homes shall be sprinklered prior to occupancy; b. Fencing located on lots 6, 7, 8, 10,29,30,31 shall be constructed of non- combustible material; c. Lots 1,2,3,4,5,9, 10,29,30, and 31 shall be evaluated by a professional trained in urban wildland fuel management, and a recorded document for each lot shall be prepared detailing how the fuel transition zones be maintained. Recommendations within the document, which serve to create and maintain fuel transition zones and detailing management activities to maintain fuel, shall be implemented; d. Lots 1,3, and 30 shall include a fire access roadway, to the rear ofthe lot, which provides access for wild land fire apparatus; e. Lots 1, 3, and 30 shall include a fire break around the perimeter ofthe lot that is a minimum of 30 feet wide; f. Homes shall be constructed within 150 feet of the street consistent with Mitigation Measure BI-II. Any proposed exceptions to this shall be consulted directly with the Fire Marshal and a qualified biologist for recommendations to eliminate or reduce impacts to biological resources and fire hazards; and Rancho Hills/Deer Park Phase II Tentative Map Negative Declaration 9 September 14, 2006 g. Lots 1,3,4,29, and 30 shall include enlarged spaces for fire defense. The defense space shall be between 50 and 100 feet, dependent on location. These lots shall be evaluated individually by the Building, Life and Safety Division for appropriate defensible space requirements. Noise (Construction Activity) NS-1. The following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering and Building divisions: (Modified Gilroy General Plan EIR mitigation measure 4.7-B): a) Limit construction activity to weekdays between 7:00 AM and 7:00 PM; and Saturday between 9:00 AM and 7:00 PM, with no construction on Sundays or City holidays; b) Require that all internal combustion engine-driven equipment are equipped with mufflers that are in good condition and appropriate for the equipment; and 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 Adopted by City Council: William Faus Planning Division Manager bfaus@ci.gilroy.ca.us EXHIBIT B Rancho Hills/Deer Park Phase II Subdivision Mitigation Monitoring Program Introduction CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in the project 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 mitigated 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: 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 EMC Planning Group Inc. 1-1 Mitigation Monitoring Program Rancho Hills/Deer Park Phase 1/ Subdivision monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures; 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; and 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. Ifnon-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. 1-2 EMC Planning Group Inc. Rancho Hills/Deer Park Phase 11 Subdivision Mitigation Monitoring Program Rancho Hills/Deer Park Phase II Subdivision Mitigation Monitoring Checklist Step 1 Prior to approval of the final map and improvement plans, the following mitigation measure shall be implemented: Mitigation Measures BI-l. 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 covered, seeded, or invasive species actively removed. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division GE-l. The project proponent shall implement all applicable recommendations provided by Terrasearch, Inc. in the Geologic/Geotechnical Investigation for Deer Park 71 Lot Subdivision West of Rancho Hills Drive (August 2001). The recommendations, as appropriate, shall be implemented in the design, grading, construction, buildout, and habitation phases of the project. The EMC Planning Group Inc. 1-3 Mitigation Monitoring Program Rancho Hills/Deer Park Phase /I Subdivision recommendations shall be included in the final improvement plans, subject to review and approval by the City Engineering Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division BI-2. Prior to future development activities, an average SO-foot setback of the unnamed drainages will be incorporated into the project plans. This setback will stretch outward from the top of the bank on either side of the drainage. Grading and equipment will not be allowed within this setback. If disturbance is proposed within the drainage, a Section 404 permit from the USACE and a Streambed Alteration Agreement from CDFG shall be obtained. This mitigation measure shall be subject to the review and approval of the Planning and Engineering divisions. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning and Engineering Divisions Step 2 Prior to approval and issuance of building permits, the following mitigation measures shall be implemented: Mitigation Measures AQ-l. Project proponents 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 Engineering 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; and · Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. 1-4 EMC Planning Group Inc, Rancho Hills/Deer Park Phase /I Subdivision Mitigation Monitoring Program The following measures shall be implemented at all construction sites greater than four acres in area: · Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); · Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); · Limit traffic speeds on unpaved roads to 15 mph; · Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and · Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: · Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; · Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; · Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and · Limit the area subject to excavation, grading and other construction activity at anyone time. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division BI-3. 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 ifburrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and/ or breeding season of burrowing owls (February 1 through August 31) and/or during the winter residency period (December 1 through January 31). If active nests are found in the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures EMC Planning Group Inc. 1-5 Mitigation Monitoring Program Rancho Hills/Deer Park Phase /I Subdivision 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: · Avoidance of occupied burrows during the nesting season (February 1 through August 31); · Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat; · Enhancement of existing burrows and/or creation of new burrows; · Passive relocation of burrowing owls. This mitigation measure is subject to the review and approval of the Planning Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division BI-4. Undisturbed areas that might be affected by proposed construction projects will be surveyed (including a 300-ft buffer zone) for known dens of the American badger no sooner than 30 days prior to the beginning of construction activities. If known dens are identified within the survey area, exclusion zones of 100 ft will be established and delineated. Ifknown dens will be unavoidably impacted, consultation with the California Department of Fish and Game will occur to determine acceptable procedures for destruction and replacement strategy for the loss of the dens. This mitigation measure is subject to the review and approval of the Planning Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division BI-5. Pre-construction surveys for roosting bats will be performed no more than 30 days prior to construction. Ifroosts 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 ifbats 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 will be consulted regarding specific designs. This mitigation measure is subject to the review and approval of the Planning Division 1-6 EMC Planning Group Inc. Rancho Hills/Deer Park Phase /I Subdivision Mitigation Monitoring Program Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division BI-6. Pre-construction surveys for nesting raptors will be conducted by a qualified biologist if construction is to occur during the nesting season (Apri115 - August 1) to reduce impacts to a less than significant level. Ifraptor 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 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. If trees known to support raptor nests cannot be avoided, removal of these 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division BI-7. Prior to construction, a qualified arborist shall complete an inventory and assessment of any trees proposed for removal and/ or trees that may be impacted by disturbance. Included in this survey will be recommendations for the following: a. Avoidance of tree removal whenever possible; b. Transplanting of trees ifpossible; and c. Recommendations for replacement planting areas, replacement ratio, and monitoring after replanting. Project site developers shall implement the recommendations in the arborist report. To compensate for the loss of protected trees, any protected tree(s) that are removed shall be replaced. The typical ratio of replacement is 3: 1; however the arborist may make recommendations regarding the ratio based on the results of the tree assessment and planting plan and depending on size and health of the trees. Replacement locations may include areas within the proposed project boundary or within the campus boundary. This mitigation measure is subject to the review and approval of the Planning Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division EMC Planning Group Inc. 1-7 Mitigation Monitoring Program Rancho Hills/Deer Park Phase /I Subdivision BI-8. 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 under 12 inches in diameter, wrap trunks with protective materials; b. 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; c. 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, d. Avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials under dripline of trees. This mitigation measure is subject to the review and approval of the Planning Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division BI-9. Development on parcels that do not have building envelopes identified on them shall be sited as close to the subdivision roads as possible, but no farther than 150 feet from the street (which will additionally provide for emergency vehicle access, and appropriate fire fighting proximity), and outside of the oak woodland habitat. Driveways, fence lines, storm drainage channels, and other linear features shall be designed to avoid transecting the oak woodland habitat. Iflinear features do transect oak woodland habitat, these features will be designed to facilitate wildlife movement, such as roadways without curbs, drainage channels with shallowly sloped walls, etc. This mitigation measure is subject to the review and approval of the Planning Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division CR-l. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits 1-8 EMC Planning Group Inc. Rancho Hills/Deer Park Phase /I Subdivision Mitigation Monitoring Program 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 (pursuant to Gilroy general Plan Policy 5.07): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 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 peson 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 EMC Planning Group Inc, 1-9 Mitigation Monitoring Program Rancho Hills/Deer Park Phase 1/ Subdivision GE-2. Any recommendations provided by Terrasearch, Inc. in the Geologic/Geotechnical Investigation for Deer Park 71 Lot Subdivision West of Rancho Hills Drive (August 2001) pertaining to habitation or use of the home sites shall be identified in the disclosure information provided to the homeowner/property owner prior to purchase of the property. For example, recommendation on page 33 of the report states, "Flower beds or planters are not recommended adjacent to the building foundations because of the possibility of irrigation water affecting the foundations or slabs. Should planters be constructed, vegetation requiring little irrigation should be planted. It is preferred that irrigation adjacent to the building foundations consist of a drip watering system." The applicant shall prepare the disclosure package, subject to review and approval by the Planning Division, prior to the issuance of the first building permit. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division GE-l. The project proponent shall implement all applicable recommendations provided by Terrasearch, Inc. in the Geologic/Geotechnical Investigation for Deer Park 71 Lot Subdivision West of Rancho Hills Drive (August 2001). The recommendations, as appropriate, shall be implemented in the design, grading, construction, buildout, and habitation phases of the project. The recommendations shall be included in the final improvement plans, subject to review and approval by the City Engineering Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division V" HZ-l Prior to approval of building permits, the developer shall incorporate the following fire mitigation measures into the building plans, subject to review and approval by the Building, Life and Safety Division: a. All homes shall be sprinklered prior to occupancy; b. Fencing located on lots 6, 7, 8, 10,29, 30, 31 shall be constructed of non- combustible material; c. Lots 1,2,3,4, 5, 9, 10,29,30, and 31 shall be evaluated by a professional trained in urban wildland fuel management, and a recorded document for each lot shall be prepared detailing how the fuel transition zones be maintained. Recommendations within the document, which serve to create and maintain fuel transition zones and detailing management activities to maintain fuel, shall be implemented; d. Lots 1, 3, and 30 shall include a fire access roadway, to the rear of the lot, which provides access for wild land fire apparatus; 1-10 EMC Planning Group Inc. Rancho Hills/Deer Park Phase /I Subdivision Mitigation Monitoring Program e. Lots I, 3, and 30 shall include a fire break around the perimeter of the lot that is a minimum of 30 feet wide; f. Homes shall be constructed within 150 feet of the street consistent with Mitigation Measure BI-II. Any proposed exceptions to this shall be consulted directly with the Fire Marshal and a qualified biologist for recommendations to eliminate or reduce impacts to biological resources and fire hazards; and g. Lots I, 3, 4, 29, and 30 shall include enlarged spaces for fire defense. The defense space shall be between 50 and 100 feet, dependent on location. These lots shall be evaluated individually by the Building, Life and Safety Division for appropriate defensible space requirements. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building, Life, and Safety Division NS-I. The following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering and Building divisions: (Modified Gilroy General Plan EIR mitigation measure 4.7-B): a. Limit construction activity to weekdays between 7:00 AM and 7:00 PM, and Saturday between 9:00 AM and 7:00 PM, with no construction on Sundays or City holidays; b. Require that all internal combustion engine-driven equipment are equipped with mufflers that are in good condition and appropriate for the equipment; and c. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building and Engineering Divisions EMC Planning Group Inc. 1-11 Mitigation Monitoring Program Rancho Hills/Deer Park Phase /I Subdivision This side intentionally left blank. 1-12 EMC Planning Group Inc. EXHIBIT C TM 05-01 FINAL CONDITIONS OF APPROVAL Plannin2 Division (contact Melissa Durkin at 846-0440) 1. MITIGATION MEASURES #1 THROUGH #17, 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. Prior to Final Map approval, submit a copy of a disclosure statement that informs future property buyers that a trail will be constructed adjacent to Longmeadow Court, leading to Carriage Park. City Attornev (contact Linda Callon, 286-5800) 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) 5. All streets must be designed and constructed to City standards. 6. Provide a public trail easement with an irrevocable offer of dedication that follows the draft Trails Master plan. 7. Provide a trail from Rancho Hills Drive/Longmeadow Court starting at the ADA intersection ramp to Carriage Hills Park. This shall include a footbridge designed for emergency and service vehicles. The trail shall be a Class 1 Trail with a concrete split rail fence along Longmeadow Court frontage. Provide a graphic showing the property lines of the dedicated park reserve on both sides of the park preserve channel. 8. Show a lO-foot PUE at all lot frontages. TM 05-01 Final Conditions of Approval 2 1/12/07 9. A SWPPP and an Erosion Control Plan is required for all development over 1 acre. 10. Certification of improvement on site plans is required prior to Building final (add to general notes on Title sheet of plans). 11. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of plans). 12. 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. 13. 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. 14. 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 15. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in Traffic Control Design. 16. A Traffic Control Plan shall be provided in the Improvement Plan set for all work within the public right-of-way. 17. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing 18. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 19. 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. 20. 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. 21. 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. 22. 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. 23. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. TM 05-01 Final Conditions of Approval 3 1/12/07 24. 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. 25. 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. 26. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 27. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final Map submittal. 28. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 29. 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. 30. 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. 31. A current Title Report shall be submitted for review to the City prior to final map approval. 32. 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. 33. All lots shall drain to the street for storm drainage. 34. Improvement plans are required for all on-site and off-site improvements. TM 05-01 Final Conditions of Approval 4 1/12/07 35. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 36. 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. 37. 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. 38. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 39. 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. 40. If any portion of the project if located in a special flood hazard area, provide the following statement in a bold box with minimum Y4-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". 41. 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. 42. 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. 43. 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. 44. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 45. Once the tentative map is approved, the developer shall submit an 8-1/2 X II-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. 46. 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. TM 05-01 Final Conditions of Approval 5 1/12/07 47. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 48. The developer/contractor shall make accessible any or all City utilities ad directed by the City Engineer 49. 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) 50. The following Tentative Map conditions shall be included on off-site improvement plans as "Fire Department Notes." The developer shall illustrate conditions or add notations as directed: a. Fire Hydrants shall be able to flow 1,500 gpm with a 20 psi residual pressure for homes up to 3,600 square feet. Higher flow is required for larger home sizes or mitigation by installation of a residential fire sprinkler system. Street Hydrants shall be spaced every 300 feet, and within 150 feet of any building. Hydrants shall be installed prior to commencement of construction with combustible materials. Fire Hydrant locations shall be approved by the Fire Marshal prior to final map/site improvements. The most remote hydrant shall be flow tested by a qualified person or the Fire Marshal prior to possession by the water department. Flow test shall be submitted to the Fire Marshal prior to the building permit. Curbing shall be painted red for 15 feet on each side of each hydrant. b. All homes shall be provided with water laterals and meters sized to allow for a residential NFP A 13d fire sprinkler system. Plot plans for tract homes shall specify that the house is to be provided with fire sprinklers. c. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 15 feet shall be provided. Turning radius shall not be less than 32feet inside and 39 feet. Road widths shall be as follows, or an exception from the Fire Chief obtained. 1. 20 ft. no parking on either side 2. 28 ft. no parking on one side. 3. 36 ft parking not restricted. d. 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. e. 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." TM 05-01 Final Conditions of Approval 6 1/12/07 f. Dead end public streets in shall be provided with a cul-de-sac of 78 feet diameter. Private streets may use alternate turn around configurations when fire sprinklers are provided. These include a hammer head with 30 feet deep extensions on each side of roadway, 3 point turnaround consisting of a 54 feet x54 feet rectangular turnaround from a minimum 20 feet entry adjacent to one comer. g. Roads shall not exceed 15 % grade, shall provided 14 feet overhead clearance, and an inside turning radius of not less than 32 feet and outside radius of not less than 39 feet. h. Grade transition from streets to driveways shall not exceed 2%. Other grade transitions shall not exceed 10% or be such that 30 feet fire apparatus shall not bottom out. 1. Gated Streets shall have Fire and Police KNOX access. Gates shall provide opening of full width of roadway being served. J. Street signage shall be installed pnor to anyon-site improvements (foundations or buildings) has begun. k. Secondary access shall be provided when 24 or more units served. Secondary access is to provide a second means to the project area as a whole. Secondary Fire access other than a standard roadway is to be reviewed and approved Fire Chief. Gated Access Roadways shall be provided with electronic and provided with an Opticom opening system compatible with the Fire Department equipment. 1. A 30 foot wide fuel transition zone shall be provided along the outer perimeter of the Open Space. A fuel transition zone plan shall be provide for approval by the Fire Marshal. Open space and fuel transition zone shall be maintained by the HOA pursuant to the approved fuel transition zone plan. m. Private driveways in excess of 150 ft shall be provided with an approved turn around or approved alternate design. n. Gates to individual homes shall be provided with a Fire Department KNOX lock. o. Custom lots against a hillside or open area shall maintain defensible space landscaping. All landscaping within 30 ft of a building shall be irrigated and shall be approved fire-resistive plants. Trees shall be trimmed at least 10 feet from chimney outlets, and lower branches trimmed to 6 ft or higher, with dead branches removed. Landscaping plans shall be submitted to the Deputy Fire Marshal for approval prior to permit final. p. All homes shall be provided with residential fire sprinklers conforming to NFP A 13D are required inclusive of the garage and crawl spaces greater than 50 square feet with 5ft clearance. The underside of decks shall be protected with fire sprinklers or be enclosed with one-hour rated construction. TM 05-01 Final Conditions of Approval 7 1/12/07 q. 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. r. Decks facing open space shall have the underside protected by "one-hour-rated" construction or fire sprinkler coverage. s. Class 'A' Roof materials required. t. Attic vents shall be screened with meshed material suitable for high fire hazard zones. u. Exterior wall finish shall consist of non-combustible, one hour or equivalent material. No wood siding, lap or shingle exterior is permitted. v. Attic vents shall be limited to 144 square inches and shall be screened with non combustible W' metal screen. w. Roof eves shall be boxed in with one-hour, non-combustible construction or wood members shall be 4" nominal dimension. x. Chimneys shall have spark arrestors installed. No outdoor, wood-fired appliances are allowed. Trees and tree branches shall not be within 10ft of a chimney. y. Prior to the start of combustible construction, native bushes and weeds shall be cleared a minimum of 30 feet from the structure/pad. All small branches on trees shall be pruned to a height of 6 feet to remove "ladder fuels." City Council-Added Condition 51. All architectural plans for homes contained within this subdivision shall be presented to the Planning Commission and City council for review and approval. I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2007-09 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. ~i') , ,', 'Vi~~' City Clerk of the City of Gilroy (Seal)