Resolution 2007-12
RESOLUTION NO. 2007-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 06-11, A TENTATNE MAP TO
CREATE 17 PARCELS ON APPROXIMATELY 7.45 ACRES
LOCATED AT MONTEREY AND ELEVENTH STREETS,
SOUTH OF THE PLATINUM THEATRES, APNs 799-33-047
AND -045
WHEREAS, James Suner submitted application TM 06-11 requesting a tentative map to
create 17 parcels on approximately 7.45 acres located at Monterey and Eleventh Streets, south of
Platinum Theatres, APNs 799-33-047 and 0045, hereinafter, "the Project;" and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council on May 16, 2005, after consideration of the proposed Mitigated Negative Declaration
for the Project, known as the Eleventh Street Commons, together with any comments received
during the public review process, adopted the Mitigated Negative Declaration, attached hereto as
Exhibit "B"; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 4,
2007, at which time the Planning Commission considered the public testimony, the staff report
dated December 15, 2006 ("Staff Report"), and all other documentation related to applicatIon
TM 06-08, and recommended that the City Council approve the Project; 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:
IMDOLlNGERI716092,1
012907-04706083
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Resolution No. 2007-12
1. The proposed Tentative Map is consistent with the intent of the goals and
policies of the City's General Plan document, 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.
4. Public utilities and infrastructure improvements needed to serve the
Project are in close proximity to the Project site.
5. The proposed project is consistent with surrounding development.
6. There is no substantial evidence in the entire record that the Project as
mitigated will have a significant effect on the environment.
7. There are no facts to support the findings requiring denial of the proposed
tentative map pursuant to Gov't Code section 66474.
B. Tentative Map TM 06-11 should be and hereby is approved, subject to the
conditions of approval set forth in Exhibit "A" attached hereto and entitled "TENT A TIVE MAP
CONDITIONS" and subject to the mitigation measures and the mitigation monitoring program
set forth in the Mitigated Negative Declaration, attached hereto as Exhibit "B."
PASSED AND ADOPTED this 5th day of February, 2007 by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, and
PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
BRACCO
IMDOLlNGERI716092,1
012907-04706083
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Resolution No. 2007-12
APPROVED:
~~
bert inheiro, Mayor
ATTEST:
~~a>>A
Rhonda Pellin, City Clerk
\MDOLlNGER\716092,l
012907-04706083
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Resolution No. 2007-12
EXHIBIT A
City of Gilroy
Community Development Department
Planning Division
7351 Rosanna St.
Gilroy, CA
(408) 846-0440
Architectural & Site Review, and
Tentative Map
December 15, 2006
FILE NUMBER:
APPLICANT:
LOCATION:
STAFF PLANNER:
A/S 06-44 (06090014), TM 06-11 (06090013)
Eleventh Street Commons / James Suner (408) 846-9850
Monterey at Eleventh Street, south of Platinum Theaters
Gregg Polubinsky, gpolubinskyCt'l1ci.gilroy.ca.us
I ARCHITECTURAL & SITE REVIEW (PUD) CONDITIONS
1. Mechanical Appurtenances: Mechanical equipment to be located on the roof of a building shall be
screened by an architectural feature of the building, such that it cannot be seen from ground level
at the far side of the adjacent public right-of-way, whenever possible.
2. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the
site toward any residential use or public right-of-way.
3. All proposed signage shall be by separate application and subject to the review and approval.
4. Show trash enclosure locations and provide an analysis that shows that trash receptacle capacity is
consistent with trash generation.
5. Trash enclosures shall be constructed to City Standards.
6. All construction activity is restricted to the following hours: 7 AM to 7PM weekdays, 9AM to 7PM
Saturdays, no construction activity is allowed on Sundays and City holidays.
7. Building colors shall be neutral earth tone colors and compliment existing and surrounding
architectural elements.
8. Landscaping plans including specifications for an irrigation system shall be approved by the
Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to
issuance of a building permit. The landscaping shall be continuously maintained in an orderly,
live, healthy, and relatively weed-free condition, in accordance with the adopted Consolidated
Landscaping Policy and the approved specific landscape plan.
9. Project design will follow the requirements of the Multi-family Residential Design Policy. Please
review the Policy (attached) and provide a narrative and or drawings addressing the requirements
of the Policy.
10. A "Residential Use Plan" will be provided prior to completion of Architectural & Site Review.
The base of this plan will show the site, building locations and pedestrian pathways that link the
AS 06-44, TM 06-11 2 12/15/06
project.
11. Interior space has design elements that allow neighbor interaction; open stairways, low fences and
shared landscape.
12. Maximum height of solid patio or screen walls is 4 feet.
13. Typical details showing materials and construction will be reviewed
14. Opportunities for open views from stairways and private spaces will be shown and identified on
the "Residential Use Plan.
15. Interior space should allow for residents to claim individual space at their residence.
16. Common areas shall interface with interior space areas, trash, laundry, mail drops.
17. Common areas will be shown on the "Residential Use Plan" and related to the pathway system.
HL P~d~8tfiaR a~~~88 v/illlle ~8tooli8k ll~t'.'!,'~~R the ~F€lj~@t aRd Platinum Tk~at~r8 te th~ Reftfl. and
ll~t;;@@R th~ ~F€lj@@t and the eRd €If Bl@';@Rth Street.
19. All newly constructed fences on the project perimeter will be "good neighbor" fences meaning at
the least, each adjacent fence panel will alternate facing in and then out. This does not preclude a
double-faced fence.
20. Street trees shall be required according to the City's Consolidated Landscape Policy. Contact the
Community Services department for requirements on placement, species and maintenance. A
street tree permit shall be obtained prior to obtaining a building permit.
21. The developer/applicant must obtain a sewer allotment for this project, and sign a sewer allotment
agreement prior to the issuance of any building permits, subject to the review and approval ofthe
Engineering Division.
22. Off-site street improvements shall be subject to review and approval by the Engineering Division.
23. A grading plan must be provided subject to the review and approval of the Engineering Division.
24. Retaining walls are to be of masonry construction and require a building permit; wood shall not be
permitted
25. Pad for trash receptacles shall be provided off private streets.
26. The Engineering Division shall approve all hydrant locations and water main sizing prior to
building permit issuance. Equipment and staffing shall be provided for watering of all exposed or
disturbed soil surfaces at least twice daily. An appropriate dust palliative or suppressant, added to
water before application, shall be utilized, subject to review and approval by the Building, Life,
and Environmental Safety Division.
27. Street Hydrants shall be spaced every 300 ft. A hydrant shall also be located at the end of any dead
end or cul-de-sac. Hydrant location shall be indicated on the final map and subject to Fire Marshal
approval. Hydrants shall be installed prior to commencement of construction with combustible
materials.
28. Roadways shall provide a minimum 20 feet of unobstructed travel. When roadside parking is
restricted there shall be signage and curbs painted red. Sigrlage and curb painting shall be
maintained in good condition. Final Map shall show no parking areas and shall provide a note
indicating that:
29. "No Parking Areas are for providing adequate emergency vehicle access. They shall be enforced
AS 06-44, TM 06-11 3 12/15/06
by the HOA and that the red curbing and signage shall be maintained in good condition."
30. In lieu of a required secondary access EV A, the developer shall provide a residential fire sprinkler
system for all homes.
31. BLES has attached Important Information dated October 12, 2006
I TENTATIVE MAP CONDITIONS
1. MITIGATION MEASURES #1 through #15 contained within the Negative Declaration
dated March 21,2005 for Eleventh Street Commons, shall be applied to the approval of this
Tentative Map in order to reduce and/or eliminate all potential significant impacts to a level
of insignificance, as required under the California Environmental Quality Act (CEQA).
2. Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning
Commission, agents, officers, and employees from any claim, action, or proceeding against the
City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside,
void, or annul an approval of the City, City Council, Planning Commission, or other board,
advisory agency, or legislative body concerning this subdivision. City will promptly notify the
subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense.
This condition is imposed pursuant to California Government Code Section 66474.9.
3. Vector based e-files will be required prior to Final Map approval, readable by AutoCAD (IGES,
DXF, DWG), containing lot and street layout and all City utilities. These files will be used to
update the City's GIS system.
4. Applicant must resolve Accessibility issues prior to submitting for building permit.
5. Street C, Street D, Court E, Street B and Street F should be Alleys.
6. Handicap parking spaces needed in parking lot near Plaza, facing Monterey Street.
7. A SWPPP and an Erosion Control Plan is required for all development over 1 acre.
8. Certification of improvement on site plans is required prior to Building final (add to general notes
on Title sheet of plans).
9. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of
plans ).
10. 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.
11. 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.
12. All retaining walls must be constricted of penn anent materials such as concrete or masonry, and
shall be of a modular design; wood shall not be permitted.
13. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in
Traffic Control Design.
14. A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the
public right-of-way.
15. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by
the City Engineer in writing.
16. Full frontage improvements are required for all new development. All streets must show
sidewalks on both sides.
AS 06-44, TM 06-11
4
12/15/06
17. 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.
18. 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.
19. 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.
20. Ifthe 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.
21. A minimum of one exterior monument shall be set. Additional monuments can be required by the
City Engineer or City Surveyor as deemed necessary.
22. Location of monuments shall be tied out plior to work. Any City monument damaged, displaced
or destroyed shall be replaced at the developer's sole expense.
23. 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.
24. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
25. The developer shall submit an estimate of the probable cost of developer-installed off-site
improvements with the Final map submittal.
26. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final
Map recordation.
27. In the event it is necessary to acquire offsite easements or street right-of-way, the owner shall enter
into an agreement with the City prior to Final Map approval agreeing to pay all condemnation
costs, for dedication of all required easements or street right-of-way. This agreement shall be
recorded and require the owner to deposit all condemnation costs with the City within 21 days of
Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the
City.
28. 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.
29. A current Title Report shall be submitted for review to the City prior to Final map approval.
AS 06-44, TM 06-11
5
12/15/06
30. 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.
31. All lots shall drain to the street for storm drainage.
32. Improvement plans are required for all on-site and off-site improvements.
33. Submit a Hazardous Material clearance for any underground tank removal from the appropriate
agency.
34. 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.
35. The developer shall negotiate right-of. way with Pacific Gas and Electric and other utilities subject
to the review and approval by the Engineering Division and the utility companies.
36. Storm and sewer lines in private streets shall be privately maintained unless approved by the City
Engineer in writing.
37. 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.
38. If any portion of the project is located in a special flood hazard area, provide the following
statement in a bold box with minimum ~ inch text on the front sheet of the plan set: "This project
is located in a Flood Zone. A Conditional Elevation Certificate is required prior to the foundation
pour and an Elevation Certificate with pictures of each ofthe four building elevations is required
prior to final inspection".
39. If any portion ofthe 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.
40. 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.
41. 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.
42. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed
as deemed appropriate by the City Engineer.
43. Once the tentative map is approved, the developer shall submit an 8-1/2 X II-inch site plan to the
Engineering Division to assign addressing which shows the following: tract name and number, lot
number, street names, property lines, right-of-way lines, north arrow and curb cuts for driveway.
44. 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.
45. The permanent street name sign shall be installed immediately after the curb and gutter
construction is complete.
AS 06-44, TM 06-11
6
12/15/06
46. The developer/contractor shall make accessible any or all City utilities as directed by the City
Engineer.
47. Additional comments may be added at any time due to incomplete plans, plan changes and
mistakes, errors or omissions.
48. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure and within 150 ft of
any building. Hydrants shall be installed prior to commencement of construction with combustible
materials. Fire Hydrant locations shall be approved by the Fire Marshal prior to final map/site
improvements. The most remote hydrant shall be flow tested by the Fire Marshal prior to
possession by the water department. Curbing shall be painted red for 7 ft on each side of each
hydrant.
49. Roadways, including shared driveways and access to buildings, shall provide a minimum 20 feet of
unobstmcted travel. This is measured from inside face of curb to inside face of curb unless
modified/rolled curbs are used. Turning radius shall not be less than 32' inside and 39' outside
radius. Parking shall be restricted as follows
a. Less than 28 ft. no parking at all.
b. Less than 36 ft. no parking on one side.
c. Over 36 ft parking not restricted.
50. 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.
51. 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." The tract improvement plans shall include a striping plan that delineates the red
curbed areas and the locations of no parking signage.
52. Gated Streets shall have Fire and Police KNOX access, and be provided with automatic opening
compatible with the Fire Department Opticom System. Gates shall provide opening of full width
of roadway being served.
53. For the complexes where alley access is the main means for access to the complex, an illuminated
site diagram shall be installed at each driveway entrance showing location and addresses of all
buildings on the site.
EXHIBIT B
Community Development Department
Planning Division
MITIGATED NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 846-0440
City File Number: GPA-04-03 & Z-04-09
Project Description:
Name of Project: Eleventh Street Commons/James Suner General Plan
Amendment and Zone Change
Nature of Project: General Plan Amendment and Zone Change
Project location:
location:
The project site is located just outside of downtown Gilroy
immediately south of the Platinum Theatres. Surrounding land uses
include the Platinum Theatre and parking lot located north of the
project site; residential uses along london Place located south of the
project site; residential uses along Garden Court located west of the
project site; and commercial uses along Monterey Street located east
of the project site.
Assessor's Parcel Numbers: 799-33-045 and 799-33-047
Entity or Person(s) Undertaking Project:
Name:
Address:
The James Group
7436 Monterey Street, Gilroy, CA 95020
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 on file at the City of Gilroy Planning Department, 7351
Rosanna Street, Gilroy, CA 95020.
Findings & Reasons:
The Initial Study identified potentially significant effects on the environment. However, this
project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to
a point where no significant effects will occur. There is no substantial evidence the project may
have a significant effect on the environment. The following reasons will support these findings:
1. The proposal is a logical component of the existing land use of this area.
2. Identified adverse impacts are proposed to be mitigated through preparation of special
studies and construction of off-site improvements.
Eleventh Street Commons/James Suner
General Plan Amendment and Zone Change
Mitigated Negative Declaration
3
3/21/2005
3. The proposed project is consistent with the adopted goals and policies of the General Plan of
the City of Gilroy.
4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the
independent judgment of the City of Gilroy.
Mitigation Measures:
The following mitigation measures shall be implemented prior to issuance of a grading permit:
1. The project applicant shall specify project plans the implementation of the following dust
control measures during grading and construction activities for the proposed project. The
measures shall be implemented as necessary to adequately control dust, subject to the review
and approval by the City of Gilroy Engineering and Building 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.
The following additional measures shall be implemented at construction sites greater than
four acres in area:
Eleventh Street Commons/James Suner
General Plan Amendment and Zone Change
Mitigated Negative Declaration
4
3/21/2005
. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction sites (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 miles per hour (mph);
. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways;
. Replant vegetation in disturbed areas as quickly as possible.
The following measures may be implemented at construction sites that are very large or are
located near sensitive receptors:
. Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and
equipment leaving the site;
. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles
per hour;
. Limit the area subject to excavation, grading and other construction activity at anyone
time.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Building & Engineering
Divisions
2. 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
Eleventh Street Commons/James Suner
General Plan Amendment and Zone Change
Mitigated Negative Declaration
5
3/2112005
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 outlined in the
California Department of Fish 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;
. Passive relocation of burrowing owls.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Planning Division
3. 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:
If archaeological resources or human resources are discovered during construction, work shall
be halted within 50 meters (150 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 (Gilroy General Plan Policy 5.07).
Eleventh Street Commons/James Suner
General Plan Amendment and Zone Change
Mitigated Negative Declaration
6
3/21/2005
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Planning Division
4. In the event of an accidental discovery or recognition of any human remains in any location
other than a dedicated cemetery, the City shall ensure that this language is included in all
permits in accordance with CEQA guidelines section 15064.5(e), subject to the review and
approval of the Gilroy Planning Division:
If human remains are found during construction there shall be no further excavation or
disturbance of the site or any nearby area reasonably suspected to overlie adjacent
human remains until the coroner of Santa Clara County is contacted to determine that
no investigation of the cause of death is required. If the coroner determines the remains
to be Native American the coroner shall contact the Native American Heritage
Commission within 24 hours. The Native American Heritage Commission shall identify
the person or persons it believes to be the most likely descendant (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 for 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
Eleventh Street Commons/James Suner
General Plan Amendment and Zone Change
Mitigated Negative Declaration
7
3/21/2005
Party responsible for monitoring:
Gilroy Planning Division
5. The project applicant shall submit a soils investigation prepared by a qualified soils engineer
prior to development of the project site. The soils investigation shall address site preparation
and foundation design. Recommendations of the soils investigation shall be incorporated into
the final building plans subject to review and approval by the Gilroy Building and Engineering
Divisions.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Building & Engineering
Divisions
6. In accordance with Santa Clara Valley Water District Ordinance 82-3, the applicant shall obtain
a permit from the SCVWD's Community Projects Review Unit for grading and construction
activities within fifty feet of the Princevalle drainage channel. The permit shall be subject to
review and approval by the Gilroy Engineering Division.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Engineering Division
7. The applicant shall submit a Notice of Intent (NOI), detailed engineering designs, and a storm
water pollution prevention program (SWPPP) to the Central Coast RWQCB to obtain a NPDES
General Construction Permit prior to any grading or construction activities at the project site.
This permit shall require implementation of an approved SWPPP that uses storm water "Best
Management Practices" to control runoff, erosion, and sedimentation from the project site.
The applicant shall also incorporate post-construction water quality mitigation measures into
final improvement plans for the proposed project. A maintenance plan shall be developed by
the applicant for those post-construction water quality measures that require extensive
maintenance. The construction (e.g. SWPPP) and post-construction water quality measures
shall be subject to review and approval by the Central Coast RWQCB and the City of Gilroy
Engineering Division.
Eleventh Street Commons/James Suner
General Plan Amendment and Zone Change
Mitigated Negative Declaration
8
3/21/2005
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Engineering Division/ Central
Coast RWQCB
The following mitigation measures shall be implemented prior to issuance of a building permit.
8. The applicant shall design the proposed project to ensure that the potential damage due to
flooding at the project site and to the flood elevations is minimized and that protection from
the potential impacts of flooding during the one percent or "1 DO-year flood" is incorporated
into the design prior to approval of final improvement plans. Final building plans shall be
subject to review and approval by the City of Gilroy Building and Engineering Division.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Building & Engineering
Divisions
9. The project applicant shall equip the residential portions of the proposed project with
mechanical ventilation to allow the windows to remain closed at the residents' option.
Typically a central air-conditioning and heating system designed to provide a habitable
interior environment with the windows closed will meet this requirement. The mechanical
ventilation system shall be subject to review and approval by the City of Gilroy Building
Division.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Building Division
10. Homes constructed on the eastern edge of the property, adjacent to Monterey Street, shall be
constructed with noise rated windows and forced ventilation, subject to review and approval
by the Gilroy Building Division. Prior to construction, at the building permit state, the STC
noise rating shall be determined. It is expected that windows with a STC rating of 26-to-36
Eleventh Street Commons/James Suner
General Plan Amendment and Zone Change
Mitigated Negative Declaration
9
3/21/2005
will be required and doors could have a STC rating of 24 to 28, to ensure that noise levels
remain at 45 Ldn or below in the interior of the homes.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Building Division
11. As part of normal City of Gilroy review and approval procedures for future projects the
following measures shall be incorporated to mitigate construction noise, as determined
feasible by the City Building and Engineering Divisions:
. Limit construction activity to weekdays between 7:00 AM and 7:00 PM and on Saturdays
between 9:00 AM and 7:00 PM, with no construction on City holidays and Sundays; and
. 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:
Party responsible for monitoring:
Applicant
Gilroy Building & Engineering
Divisions
12. Subject to review and approval by the City of Gilroy Engineering Division, the project applicant
shall construct a sidewalk on the discontinuous portion along the west side of Monterey
Street. The sidewalk shall be constructed prior to operation of the proposed project.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Engineering Division
13. Subject to review and approval by the City of Gilroy Engineering Division, the project applicant
shall construct right-turn channelization taper (to widen the road as it approaches each
driveway), in addition to a right-turn radius, be installed at the project driveways based on City
of Gilroy standards. These improvements shall be constructed prior to operation of the
proposed project.
Eleventh Street Commons/James Suner
General Plan Amendment and Zone Change
Mitigated Negative Declaration
10
3/21/2005
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Planning & Engineering
Divisions
14. Subject to review and approval by the City of Gilroy Engineering Division, the project applicant
shall construct a second westbound left-turn lane, based on the high westbound left-turn
demand and queues that would exceed the storage capacity, at the Monterey Street/Luchessa
Avenue intersection. This improvement shall be constructed prior to operation of the
proposed project.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Engineering Division
15. Subject to review and approval by the City of Gilroy Building and Engineering Division, the
project applicant shall incorporate stormwater drainage areas in final improvement plans (e.g.
within the proposed parking lot and landscape areas) that would reduce stormwater runoff
from the proposed project within pre-development levels. The stormwater from the project
site shall be temporarily stored in these drainage areas and discharged to the city's storm
drain system.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Building & Engineering
Divisions
Eleventh Street Commons/James Suner
General Plan Amendment and Zone Change
Mitigated Negative Declaration
Date Prepared: March 21,2005
End of Review Period: April 25, 2005
Date Adopted by City Council:
11
3/21/2005
William Faus
Planning Division Manager
Eleventh Street Commons/James Suner General Plan Amendment and Zone Change Project
Mitigation Monitoring Program
Introduction
CEQA Guidelines Section 15097 requires public agencies to adopt reporting or
monitoring programs whenever they approve projects subject to an environmental
impact report or mitigated 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.
This 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
effectiveness of the mitigation measures.
A definitive set of project conditions would include enough detailed information
and enforcement procedures to ensure the measures 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 City of Gilroy Community Development Department should be
responsible for coordination of the monitoring program, including the
monitoring checklist. The Community Development Department should be
responsible for completing the monitoring checklist and distributing the
checklist to the responsible individuals or agencies for 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 City of Gilroy Community Development Department will review the
checklist to ensure that appropriate mitigation measures and additional
conditions of project approval included in the monitoring checklist have
been complied with at the appropriate time, e.g. prior to issuance of a use
permit, etc. Compliance with mitigation measures is required for project
approvals.
4. If a responsible individual or agency determined that non-compliance has
occurred, a written notice should be delivered by certified mail to the project
proponent within ten days, with a copy to the Community Development
Department, describing the non-compliance and requiring compliance within
a specified period of time. If non-compliance still exists at the expiration of
the specified period of time, construction may be halted and fines may be
imposed at the discretion of the City of Gilroy.
Eleventh Street Commons/James Suner General Plan Amendment and Zone Change Project
Mitigation Monitoring Checklist
The following mitigation measures shall be implemented prior to issuance of a
grading permit:
1. The following dust control measures shall be incorporated into all permits
for any phase of proposed construction on the project site. The measures
shall be implemented as necessary to adequately control dust subject to the
review and approval of the Gilroy Engineering and Building Division.
The following measures shall be implemented at all construction sites:
. Water all active construction areas at least twice daily;
. Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard;
. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction
sites;
. Sweep daily (with water sweepers) all paved access roads, parking areas
and staging areas at construction sites;
. Sweep streets daily (with water sweepers) if visible soil material is carried
onto adjacent public streets.
The following additional measures shall be implemented at 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;
. Replant vegetation in disturbed areas as quickly as possible.
The following measures may be implemented at construction sites that are
very large or are located near sensitive receptors:
. Install wheel washers for all existing trucks, or wash off the tires or tracks
of all trucks and equipment leaving the site;
. Suspend excavation and grading activity when winds (instantaneous
gusts) exceed 25 miles per hour;
. Limit the area subject to excavation, grading and other construction
activity at anyone time.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Building & Engineering Divisions
2. 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 of Fish and Game for review and approval. The
burrowing owl habitat mitigation plan shall contain mitigation measures
outlined in the California Department of Fish 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;
. Passive relocation of burrowing owls.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
3. 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:
. If archaeological resources or human resources are discovered during
construction, work shall be halted within 50 meters (150 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 (Gilroy General Plan Policy 5.07).
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
4. In the event of an accidental discovery or recognition of any human remains
in any location other than a dedicated cemetery, the City shall ensure that
this language is included in all permits in accordance with CEQA guidelines
section 15064.5(e), subject to the review and approval of the Gilroy Planning
Division:
If human remains are found during construction there shall be no further
excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent human remains until the coroner of Santa Clara
County is contacted to determine that no investigation of the cause of death
is required If the coroner determines the remains to be Native American the
coroner shall contact the Native American Heritage Commission within 24
hours. The Native American Heritage Commission shall identify the person
or persons it believes to be the most likely descendant (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 for 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 it 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
5. The project applicant shall submit a soils investigation prepared by a
qualified soils engineer prior to development of the project site. The soils
investigation shall address site preparation and foundation design.
Recommendations of the soils investigation shall be incorporated into the
final building plans subject to review and approval by the Gilroy Building and
Engineering Divisions.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Building & Engineering Divisions
6. In accordance with Santa Clara Valley Water District Ordinance 82-3, the
applicant shall obtain a permit from the SCVWD's Community Projects
Review Unit for grading and construction activities within fifty feet of the
Princevalle drainage channel. The permit shall be subject to review and
approval by the Gilroy Engineering Division.
Party responsible for implementation: Applicant
Party responsible for monitoring:Gilroy Engineering Division
7. The applicant shall submit a Notice of Intent (NOI), detailed engineering
designs, and a storm water pollution prevention program (SWPPP) to the
Central Coast RWQCB to obtain a NPDES General Construction Permit prior
to any grading or construction activities at the project site. This permit shall
require implementation of an approved SWPPP that uses storm water "Best
Management Practices" to control runoff, erosion, and sedimentation from
the project site. The applicant shall also incorporate post-construction water
quality mitigation measures into final improvement plans for the proposed
project. A maintenance plan shall be developed by the applicant for those
post-construction water quality measures that require extensive
maintenance. The construction (e.g. SWPPP) and post-construction water
quality measures shall be subject to review and approval by the Central Coast
RWQCB and the City of Gilroy Engineering Division.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Engineering Division/ Central
Coast RWQCB
11. As part of normal City of Gilroy review and approval procedures the
following measures shall be incorporated to mitigate construction noise, as
determined feasible by the City Building and Engineering Divisions:
. Limit construction activity to weekdays between 7:00 AM and 7:00 PM
and on Saturdays between 9:00 AM and 7:00 PM, with no construction on
City holidays and Sundays; and
. 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 & Engineering Divisions
The following mitigation measures shall be implemented prior to issuance of a
building permit.
8. The applicant shall design the proposed project to ensure that the potential
damage due to flooding at the project site and to the flood elevations is
minimized and that protection from the potential impacts of flooding during
the one percent or "lOa-year flood" is incorporated into the design prior to
approval of final improvement plans. Final building plans shall be subject to
review and approval by the City of Gilroy Building and Engineering Division.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Building & Engineering Divisions
9. The project applicant shall equip the residential portions of the proposed
project with mechanical ventilation to allow the windows to remain closed at
the residents' option. Typically a central air-conditioning and heating system
designed to provide a habitable interior environment with the windows
closed will meet this requirement. The mechanical ventilation system shall
be subject to review and approval by the City of Gilroy Building Division.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Building Division
10. Homes constructed on the eastern edge of the property, adjacent to
Monterey Street, shall be constructed with noise rated windows and forced
ventilation, subject to review and approval by the Gilroy Building Division.
Prior to construction, at the building permit state, the STC noise rating shall
be determined. It is expected that windows with a STC rating of 26-to-36 will
be required and doors could have a STC rating of 24 to 28, to ensure that
noise levels remain at 45 Ldn or below in the interior of the homes.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Building Division
15. Subject to review and approval by the City of Gilroy Building and Engineering
Division, the project applicant shall incorporate stormwater drainage areas in
final improvement plans (e.g. within the proposed parking lot and landscape
areas) that would reduce stormwater runoff from the proposed project
within pre-development levels. The stormwater from the project site shall be
temporarily stored in these drainage areas and discharged to the city's storm
drain system.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Building & Engineering Divisions
The following mitigation measures shall be implemented prior to operation of the
project.
12. Subject to review and approval by the City of Gilroy Engineering Division, the
project applicant shall construct a sidewalk on the discontinuous portion
along the west side of Monterey Street. The sidewalk shall be constructed
prior to operation of the proposed project.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Engineering Division
13. Subject to review and approval by the City of Gilroy Engineering Division, the
project applicant shall construct right-turn channelization taper (to widen
the road as it approaches each driveway), in addition to a right-turn radius,
be installed at the project driveways based on City of Gilroy standards. These
improvements shall be constructed prior to operation of the proposed
project.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning & Engineering
Divisions
14. Subject to review and approval by the City of Gilroy Engineering Division, the
project applicant shall construct a second westbound left-turn lane, based on
the high westbound left-turn demand and queues that would exceed the
storage capacity, at the Monterey Street/Luchessa Avenue intersection. This
improvement shall be constructed prior to operation of the proposed
project.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Engineering Division
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2007-12 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
5th day of February, 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.
~L,
City Clerk of the City of Gilroy
(Seal)