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
. .
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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
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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
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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.
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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
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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.
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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
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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;
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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.
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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
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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
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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)